Keefer v. State

District Court of Appeal of Florida

Keefer v. State

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

CourtDistrict Court of Appeal of Florida

DecidedMay 5, 1981

DocketNo. 80-965

StatusPublished

Cited by2 cases

This text of 397 So. 2d 1181 (Keefer 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

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

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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.

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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.

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Bluebook (online)

397 So. 2d 1181, 1981 Fla. App. LEXIS 19765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keefer-v-state-fladistctapp-1981.

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