CARLE v. STATE

No. 1D06-6168.

983 So.2d 693 (2008)

Kenneth CARLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 5, 2008.


Attorney(s) appearing for the Case

Nancy Daniels, Public Defender, and G. Kay Witt, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Christine A. Guard, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.


PER CURIAM.

We reverse the defendant's conviction of possession of a controlled substance with intent to distribute, because the trial court abused its discretion in failing to instruct the jury on simple possession as a lesser included offense. The exclusion of this necessary lesser included offense from the jury instructions was per se reversible error, and we cannot conclude that it was harmless. Therefore, we reverse the conviction of possession with intent...

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