EDDIE MCNAIR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDDIE MCNAIR, APPELLANT,
STATE OF FLORIDA, APPELLEE
549 So. 2d 1106
Florida District Court of Appeal, Second District (1989)
Caution
Cited by 9 cases
Opinion of the Court
ALTENBERND, Judge.
McNair appeals his convictions for trafficking in and possession with intent to sell cocaine. Because the same cocaine was the basis for both convictions and because the offenses occurred prior to the 1988 amendment to section 775.021(4), Florida Statutes (1985), appellant’s conviction for trafficking is affirmed, but we reverse his conviction for possession with intent to sell cocaine. State v. Smith, 547 So. 2d 613 (Fla.1989); Carawan v. State, 515 So. 2d 161 (Fla. 1987).
Affirmed in part, reversed in part, and remanded.
RYDER, A.C.J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
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Hayes v. State, 564 So. 2d 161 (Fla. 2d DCA 1990)…e next immediate lesser-included offense of the crime charged is reversible error because it has the effect of removing from the jury an opportunity to exercise its inherent pardon power. State v. Abreau, 363 So. 2d 1063 (Fla.1978); Miller v. State, 549 So. 2d 1106, 1110 (Fla. 2d DCA 1989). As noted, the defendant was charged with attempted first-degree felony murder. Therefore, the trial judge should have instructed the jury that the lessers of that offense are attempted second-degree murder and attempted man…
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Miller v. State, 573 So. 2d 337 (Fla. 1991)…BARKETT, Justice. We review Miller v. State, 549 So. 2d 1106 (Fla. 2d DCA 1989), because of a direct and express conflict with Ortagus v. State, 500 So. 2d 1367 (Fla. 1st DCA 1987), approved, Rojas v. State, 552 So. 2d 914 (Fla.1989).1 The issue concerns whether the trial court’s failure to instruct the jury…1 / 3
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Lucas v. State, 630 So. 2d 597 (Fla. 1st DCA 1993)…reversible error. The factual [*600] recitation in Miller is very sketchy. However, again, reference to the district court opinion reflects that “no view of the evidence could support a finding of justifiable or excusable homicide.” Miller v. State, 549 So. 2d 1106, 1110 (Fla. 2d DCA 1989). Nevertheless, the supreme court treated the error as “fundamental” and quashed that portion of the district court’s opinion which had affirmed the manslaughter convictions. Additional support for our conclusion is found in…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)