Olea-Tejeda v. State
Olea-Tejeda v. State
Opinion of the Court
The appellant, Juan A. Olea-Tejeda, challenges his judgment and sentence for trafficking in cocaine. He raises several issues; however, we address only his contention that the trial court erred in denying his request for a jury instruction on simple possession, as that issue is disposi-tive of the case. We reverse.
In Amado v. State, 585 So.2d 282 (Fla. 1991), the supreme court expressly approved Essex v. State, 539 So.2d 559 (Fla. 4th DCA 1989), wherein it was held that a requested jury instruction on simple possession, as a permissive lesser included offense of trafficking by possession, must be given as an exercise of the doctrine of jury pardon. This is so, despite a stipulation to a trafficking amount of contraband. See id. Thus, according to Amado and Essex, the trial court in this instance erred in denying the appellant’s requested instruction on simple possession. This cause is therefore reversed and remanded for a new trial.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.