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GARY v. STATE

No. 4D00-1441.

806 So.2d 582 (2002)

Erroll GARY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 30, 2002.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.

STEVENSON, J.

The appellant, Erroll D. Gary, was convicted of delivery of cocaine and sentenced to thirty years incarceration as an habitual felony offender. On appeal, Gary raises a number of issues. We find merit in his contention that the trial court's denial of a Chicone instruction entitles him to reversal of his conviction and a new trial. The remaining issues raised are moot in light of the reversal.

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