LAMBERT v. STATE

No. 97-01349.

728 So.2d 1189 (1999)

Victor LAMBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 6, 1999.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Corcoran, Assistant Attorney General, Tampa, for Appellee.


SALCINES, Judge.

Victor Lambert appeals his conviction for possession of cocaine. He asserts that the trial court's refusal to give his requested jury instruction was erroneous and was not harmless error. We agree and reverse.

Lambert was arrested on a single charge of illegal possession of cocaine, a third-degree felony. The seized cocaine consisted of a very small amount of residue inside a glass pipe. On February 5, 1997, the matter proceeded to a jury...

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