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TORRES v. STATE

No. 96-2312.

695 So.2d 950 (1997)

Efrain TORRES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 2, 1997.

Attorney(s) appearing for the Case

Margaret S. Brodsky, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

Before JORGENSON, GERSTEN and FLETCHER, JJ.

PER CURIAM.

Upon the State's proper confession of error, we reverse the defendant's conviction and sentence for trafficking in cocaine. The trial court erred in failing to instruct the jury on the lesser included offense of simple possession of cocaine. See Amado v. State, 585 So.2d 282, 282 (Fla.1991)("An instruction on a permissive lesser included offense must be given `when the pleadings and the evidence demonstrate that...

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