LUMPKIN v. STATE

No. A00A1670.

538 S.E.2d 514 (2000)

245 Ga. App. 627

LUMPKIN v. The STATE.

Court of Appeals of Georgia.

August 21, 2000.


Attorney(s) appearing for the Case

James W. Smith, Athens, for appellant.

Robert W. Lavender, District Attorney, Leon Jourolmon, Assistant District Attorney, for appellee.


RUFFIN, Judge.

A jury found Christopher Lumpkin guilty of trafficking in cocaine. Lumpkin appeals, arguing that the trial court erred by failing to charge the jury on the lesser included offense of possession of cocaine with intent to distribute. We agree and reverse.

The relevant facts, taken in the light most favorable to the jury verdict, are as follows. While on routine patrol, Police Officers William Gibson and Robert Frey approached a group of four or...

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