BOBBY MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BOBBY MOORE, APPELLANT,
STATE OF FLORIDA, APPELLEE
512 So. 2d 1149
Florida District Court of Appeal, First District (1987)
Positive Treatment
Cited by 6 cases
Opinion of the Court
MILLS, Judge.
The defendant was charged with inmate possession of contraband, to wit: cannabis, and the evidence showed the amount of cannabis involved was less than 20 grams. Under such circumstances, the defendant was entitled to a jury instruction on the lesser included offense of misdemeanor possession of less than 20 grams of cannabis pursuant to section 893.13(l)(f), Florida Statutes (1985). Failure to give the instruction was reversible error. Wilcott v. State, 509 So. 2d 261 (Fla.1987).
The judgment and sentence are vacated and the case is remanded for further consistent proceedings.
WENTWORTH and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Standard Jury Instructions in Criminal Cases, 543 So. 2d 1205 (Fla. 1989)…tate — 893.13(l)(d) Possession of methaqual-one — 893.13(l)(e)(f] Contraband — 951.22 None The nature of the contraband may give rise to misdemeanor, lesser included offenses See Cooper v. State, 512 So. 2d 1071 (Fla. 1st DCA 1987); Moore v. State, 512 So. 2d 1149 (Fla. 1st DCA 1987). EXHIBIT 12 THROWING, PLACING. PROJECTING. OR DISCHARGING DESTRUCTIVE DEVICE F.S. 790.161 Before you can find the defendant guilty of (crime charged), the State must prove the following three elements beyond a reasonable doubt…
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Bennie Jess, Jr. v. State, 523 So. 2d 1268 (Fla. 5th DCA 1988)…jury should have been instructed on simple possession as a lesser offense, and that the failure of the trial court to so instruct the jury requires that we reverse the conviction and remand the case for a new trial. Wilcott. See also Moore v. State, 512 So. 2d 1149 (Fla. 1st DCA 1987). We feel constrained, however to urge the supreme court to reexamine its position with regard to permissive lesser included offenses and “jury pardons” and to adopt the views expressed in Justice Shaw’s dissent in Wilcott, which…
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Moore v. State, 521 So. 2d 381 (Fla. 1st DCA 1988)…PER CURIAM. REVERSED and REMANDED for a new trial. See Wilcott v. State, 509 So. 2d 261 (Fla.1987); Cooper v. State, 512 So. 2d 1071 (Fla. 1st DCA 1987); and Moore v. State, 512 So. 2d 1149 (Fla. 1st DCA 1987). SMITH, C.J., and ERVIN and NIMMONS, JJ., concur.…
Authorities Cited
- Wilcott v. State, 509 So. 2d 261 (Fla. 1987)