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ROGERS v. STATE

No. 93-0459.

626 So.2d 339 (1993)

Darrin Bernard ROGERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 17, 1993.

Attorney(s) appearing for the Case

John D. Bruhn of Bruhn and Moore, Fort Pierce, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Edward L. Giles, Asst. Atty. Gen., West Palm Beach, for appellee.

FARMER, Judge.

We reverse defendant's two-count conviction for possession with intent to sell cocaine,1 and for simple possession of cocaine.2 During his closing argument and after the jury had been charged, defendant's counsel asked the court for a jury instruction on the lesser-included charge of simple possession as to count I, possession with intent to sell or deliver. The trial judge denied the request...

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