WRIGHT v. STATE

No. 96-2008.

704 So.2d 564 (1997)

Walter L. WRIGHT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 17, 1997.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Angela Shelley, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; L. Michael Billmeier, Assistant Attorney General, Tallahassee, for Appellee.


WEBSTER, Judge.

Appellant seeks review of his conviction for possession of cocaine with intent to deliver. Because the trial court failed to give a requested instruction on the category 2 lesserincluded offense of simple possession of cocaine, we reverse.

The state does not address the merits of appellant's argument that he is entitled to a new trial because the trial court failed to give an instruction on simple possession of cocaine. It argues only that...

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