Florida District Courts of Appeal, 1981

Keefer v. State

Florida District Courts of Appeal · Decided May 5, 1981 · Boyce, Ezell, Ferguson, Ret, Schwartz

397 So. 2d 1181; 1981 Fla. App. LEXIS 19765 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Grene v. State (Fla. Dist. Ct. App. 1997)
Hines v. State (Fla. Dist. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The appellant claims error in a jury instruction that possession of cannabis is a lesser included offense of the crime of sale or delivery as charged in the information. We find both (a) that Keefer did not preserve the alleged error for appellate review, see Carter v. State, 380 So.2d 541 (Fla. 5th DCA 1980), cert. denied, 388 So.2d 1110 (Fla. 1980); Thompson v. State, 368 So.2d 670 (Fla. 3d DCA 1979), and cases cited; and (b) that, as was squarely held in the case of his co-defendant, Bradshaw v. State, (Fla. 3d DCA Case No. 80-966, opinion filed, February 10, 1981), his contention is substantively incorrect on the facts involved below.

Affirmed.

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