Castillo v. State

District Court of Appeal of Florida

Castillo v. State

597 So. 2d 812, 1992 Fla. App. LEXIS 871, 1992 WL 16601

Procedural entryThis page is a short order in Castillo v. State. Read the opinion of the Court — 590 So. 2d 458 →

District Court of Appeal of Florida·Decided February 4, 1992·No. No. 91-2113·Published

Opinion

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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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.

Castillo v. State, 597 So. 2d 812, 1992 Fla. App. LEXIS 871, 1992 WL 16601 (Fla. Ct. App. 1992).

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