ROBERT KEITH KEEFER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ROBERT KEITH KEEFER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
397 So. 2d 1181
Florida District Court of Appeal, Third District (1981)
Negative Treatment
Cited by 4 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Watson Grene v. State, 702 So. 2d 510 (Fla. 3d DCA 1996)…ede also from Mingo v. State, 680 So. 2d 1079, 1080 (Fla.3d DCA 1996); Marion v. State, 674 So. 2d 878, 879 (Fla.3d DCA 1996); Hines v. State, 401 So. 2d 878 (Fla.3d DCA 1981); Taylor v. State, 401 So. 2d 877, 878 (Fla.3d DCA 1981); Keefer v. State, 397 So. 2d 1181 (Fla.3d DCA 1981); Williams v. State, 397 So. 2d 438 (Fla.3d DCA 1981); and Thompson v. State, 368 So. 3d 670 (Fla.3d DCA 1979), to the extent that such cases set forth a similar holding.…
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Hines v. State, 401 So. 2d 878 (Fla. 3d DCA 1981)…es waived any claim of double jeopardy by failing to raise, in the trial court, the issue of his convictions for the included and greater offense. Anderson v. State, supra; Chapman v. State, 389 So. 2d 1065 (Fla. 5th DCA 1980). See: Keefer v. State, 397 So. 2d 1181 (Fla. 3d DCA 1981). That waiver, however, does not affect the sentencing error [Anderson v. State, supra; Williams v. State, 377 So. 2d 755 (Fla. 1st DCA 1979)] which, because of the State’s concession that Hines was concurrently sentenced for both…
Authorities Cited
- Allen v. State, 380 So. 2d 541 (Fla. 5th DCA 1980)
- Thompson v. State, 368 So. 2d 670 (Fla. 3d DCA 1979)