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OLEA-TEJEDA v. STATE

No. 97-02635.

732 So.2d 429 (1999)

Juan A. OLEA-TEJEDA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 30, 1999.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Richard P. Albertine, Jr., Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John T. Salgado, Assistant Attorney General, Tampa, for Appellee.

THREADGILL, Judge.

The appellant, Juan A. Olea-Tejeda, challenges his judgment and sentence for trafficking in cocaine. He raises several issues; however, we address only his contention that the trial court erred in denying his request for a jury instruction on simple possession, as that issue is dispositive of the case. We reverse.

In July 1996, the appellant was charged with trafficking in cocaine by sale or possession...

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