Florida District Courts of Appeal, 1997

Torres v. State

Florida District Courts of Appeal · Decided July 2, 1997 · Fletcher, Gersten, Jorgenson

695 So. 2d 950; 1997 Fla. App. LEXIS 7589; 1997 WL 363008 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Perez v. State (Fla. Dist. Ct. App. 1998)

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.

Upon the State’s proper confession of error, we reverse the defendant’s conviction and sentence for trafficking in cocaine. The trial court erred in failing to instruct the jury on the lesser included offense of simple possession of cocaine. See Amado v. State, 585 So.2d 282, 282 (Fla. 1991)(“An instruction on a permissive lesser included offense must be given Vhen the pleadings and the evidence demonstrate that the lesser included offense is included in the offense charged.’ ”); Williams v. State, 594 So.2d 824 (Fla. 3d DCA 1992)(same).

Reversed and remanded for a new trial.

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