Sias v. State

District Court of Appeal of Florida

Sias v. State

539 So. 2d 22, 14 Fla. L. Weekly 594, 1989 Fla. App. LEXIS 1054, 1989 WL 17231

CourtDistrict Court of Appeal of Florida

DecidedMarch 3, 1989

DocketNo. 87-819

StatusPublished

This text of 539 So. 2d 22 (Sias 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

Sias v. State, 539 So. 2d 22, 14 Fla. L. Weekly 594, 1989 Fla. App. LEXIS 1054, 1989 WL 17231 (Fla. Ct. App. 1989).

Pincite

Opinion

FRANK, Judge.

The appellant was convicted for possession of contraband in a state correctional facility. His attorney requested that the jury be instructed on the next lesser included offense of the crime charged — possession of less than twenty grams of marijuana. The trial court denied the request. The state concedes that Wilcott v. State, 509 So.2d 261 (Fla.1987), is precisely on point requiring us to reverse and remand for a new trial.

[23]*23The appellant’s second point, concerning the denial of his motion to suppress, is meritless.

REVERSED AND REMANDED FOR NEW TRIAL.

DANAHY, A.C.J., and HALL, J., concur.

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