Castillo v. State
Castillo v. State
597 So. 2d 812; 1992 Fla. App. LEXIS 871; 1992 WL 16601
(Southern Reporter, Second Series)
Castillo v. State
Opinion of the Court
Based on our review of the record, as well as the State’s confession of error, this cause is reversed due to the trial court’s error in refusing to instruct the jury on simple possession of cocaine, as a lesser included offense of trafficking, where the Information alleged trafficking by possession and where there was evidence of the defendant’s possession of cocaine, in violation of Rule 3.510 of the Florida Rules of Criminal Procedure (1989).
Reversed and remanded.
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