KELLOM v. STATE

No. 93-2795.

643 So.2d 92 (1994)

James H. KELLOM, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 5, 1994.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before BARKDULL, BASKIN and LEVY, JJ.


PER CURIAM.

Defendant, James Kellom, seeks review of a conviction after a jury trial.

Defendant was charged and convicted of sale and/or delivery of heroin (Count I) and possession of cannabis (Count II). During the charging conference, defendant requested an instruction on possession of heroin as a category two lesser included offense of Count I. The court denied the request and, thereafter, sentenced defendant to six years incarceration on Count I and one...

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