Florida District Courts of Appeal, 1992

Castillo v. State

Castillo v. State
Florida District Courts of Appeal · Decided February 4, 1992 · Baskin, Jorgenson, Levy
597 So. 2d 812; 1992 Fla. App. LEXIS 871; 1992 WL 16601 (Southern Reporter, Second Series)

Castillo v. State

Opinion of the Court

PER CURIAM.

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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