JOE R. PAYTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Carle v. State, 983 So. 2d 693 (Fla. 1st DCA 2008)
  …with violating section 893.13(l)(a) by possessing a controlled substance with intent to sell, a lesser included instruction on simple possession is required to be given if requested. See State v. Abreau, 363 So. 2d 1063 (Fla.1978); Wilcox v. State, 675 So. 2d 1043, 1043 (Fla. 4th DCA 1996); Rogers v. State, 626 So. 2d 339 (Fla. 4th DCA 1993). But the state maintains that simple possession of diazepam is not a lesser included offense of possession with intent to sell diazepam, because both charges are third-d…
• Ewing v. State, 56 So. 3d 67 (Fla. 2d DCA 2011)
  …deliver). In examining the elements of the offense, it is clear that the crime of possession of any drug is an offense that is fully subsumed within the elements of the crime of possession of the drug with intent to sell. See, e.g., Wilcox v. State, 675 So. 2d 1043, 1043 (Fla. 4th DCA 1996) (“Patently, one cannot be convicted of possession with intent to sell under section 893.13(l)(a) if all the elements of possession are not met.”). Given that simple possession in this context is the next lesser-included off…
• Murphy v. State, 684 So. 2d 267 (Fla. 4th DCA 1996)
  …ssion is — you can figure it out. If it is intent to sell, deliver or manufacture, it is simple possession and exercising control. I’ll tell you about it again if you want me to. Okay. They don’t want me to. In the recent case of Wilcox v. State, 675 So. 2d 1043 (Fla. 4th DCA 1996), this court held that where a defendant is charged with violating section 893.13(l)(a), Florida Statutes (Supp.1994), by possessing with intent to sell, manufacture, or deliver a controlled substance, a lesser-included instructio…