Bradshaw v. State

District Court of Appeal of Florida

Bradshaw v. State

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

CourtDistrict Court of Appeal of Florida

DecidedFebruary 10, 1981

DocketNo. 80-966

StatusPublished

This text of 402 So. 2d 10 (Bradshaw v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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402 So. 2d 10, 1981 Fla. App. LEXIS 28232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradshaw-v-state-fladistctapp-1981.

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