Keefer v. State

District Court of Appeal of Florida

Keefer v. State

397 So. 2d 1181, 1981 Fla. App. LEXIS 19765

District Court of Appeal of Florida·Decided May 5, 1981·No. No. 80-965·Published·Cited by 2 cases

Opinion

PER CURIAM.

The appellant claims error in a jury instruction that possession of cannabis is a lesser included offense of the crime of sale or delivery as charged in the information. We find both (a) that Keefer did not preserve the alleged error for appellate review, see Carter v. State, 380 So.2d 541 (Fla. 5th DCA 1980), cert. denied, 388 So.2d 1110 (Fla.1980); Thompson v. State, 368 So.2d 670 (Fla. 3d DCA 1979), and cases cited; and (b) that, as was squarely held in the case of his co-defendant, Bradshaw v. State, (Fla. 3d DCA Case No. 80-966, opinion filed, February 10, 1981), his contention is substantively incorrect on the facts involved below.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant claims error in a jury instruction that possession of cannabis is a lesser included offense of the crime of sale or delivery as charged in the information. We find both (a) that Keefer did not preserve the alleged error for appellate review, see Carter v. State, 380 So.2d 541 (Fla. 5th DCA 1980), cert. denied, 388 So.2d 1110 (Fla.1980); Thompson v. State, 368 So.2d 670 (Fla. 3d DCA 1979), and cases cited; and (b) that, as was squarely held in the case of his co-defendant, Bradshaw v. State, (Fla. 3d DCA Case No. 80-966, opinion filed, February 10, 1981), his contention is substantively incorrect on the facts involved below.

Affirmed.

Keefer v. State, 397 So. 2d 1181, 1981 Fla. App. LEXIS 19765 (Fla. Ct. App. 1981).

Pincite

397 So. 2d 1181 (Keefer v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related