Bradshaw v. State

District Court of Appeal of Florida

Bradshaw v. State

402 So. 2d 10, 1981 Fla. App. LEXIS 28232

District Court of Appeal of Florida·Decided February 10, 1981·No. No. 80-966·Published

Opinion

PER CURIAM.

Based on the evidence adduced in this case, the trial court’s instruction to the jury permitting them to consider possession as a lesser-included offense of the charged crime of sale and delivery of a controlled substance was not error. Cf. Anderson v. State, 392 So.2d 328 (Fla. 3d DCA 1981) [the offense of possession under appropriate circumstances may be a category four lesser-included offense of sale under Brown v. State, 206 So.2d 377 (Fla.1968), so as to be excluded from the separate sentencing requirement of Section 775.021(4), Florida Statutes (1979)]. We have considered the other points on appeal raised by appellant and find them to be without merit.

Affirmed.

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PER CURIAM.

Based on the evidence adduced in this case, the trial court’s instruction to the jury permitting them to consider possession as a lesser-included offense of the charged crime of sale and delivery of a controlled substance was not error. Cf. Anderson v. State, 392 So.2d 328 (Fla. 3d DCA 1981) [the offense of possession under appropriate circumstances may be a category four lesser-included offense of sale under Brown v. State, 206 So.2d 377 (Fla.1968), so as to be excluded from the separate sentencing requirement of Section 775.021(4), Florida Statutes (1979)]. We have considered the other points on appeal raised by appellant and find them to be without merit.

Affirmed.

Bradshaw v. State, 402 So. 2d 10, 1981 Fla. App. LEXIS 28232 (Fla. Ct. App. 1981).

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Opinion

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