HILL v. STATE

No. 2D01-2866.

820 So.2d 1049 (2002)

James HILL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 10, 2002.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Gonzalo Alberto Gayoso, Special Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.


BLUE, Chief Judge.

James Hill appeals his conviction for sale of cocaine within 1000 feet of a place of worship. We address only his issue concerning the jury instructions. Because the trial court failed to instruct the jury on a category one lesser included offense, we reverse and remand for a new trial.

At the charge conference, Mr. Hill's counsel requested the trial judge to give the jury the standard instruction for possession of cocaine. Although counsel...

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