EFRAIN TORRES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
EFRAIN TORRES, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
695 So. 2d 950
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon the State’s proper confession of error, we reverse the defendant’s conviction and sentence for trafficking in cocaine. The trial court erred in failing to instruct the jury on the lesser included offense of simple possession of cocaine. See Amado v. State, 585 So. 2d 282, 282 (Fla.1991)(“An instruction on a permissive lesser included offense must be given Vhen the pleadings and the evidence demonstrate that the lesser included offense is included in the offense charged.’ ”); Williams v. State, 594 So. 2d 824 (Fla. 3d DCA 1992)(same).
Reversed and remanded for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Perez v. State, 709 So. 2d 158 (Fla. 5th DCA 1998)…ence of guilt. However, it is per se reversible error to refuse to give an instruction on an offense one step removed from the offense of which the defendant was ultimately convicted. State v. Abreau, 363 So. 2d 1063 (Fla.1978). See Torres v. State, 695 So. 2d 950 (Fla. 3d DCA 1997) (reversing conviction for trafficking because of failure to give instruction on simple possession); Williams v. State, 594 So. 2d 824 (Fla. 3d DCA 1992) (sale of cocaine is only one step removed from trafficking in more than 400 g…
-
Diaz v. State, 741 So. 2d 1263 (Fla. 3d DCA 1999)…review of the record, the professional position taken in this case by the State of Florida acknowledging the merits of the appellant’s motion which was denied by the trial court (and from which this appeal arises), and the holding in Diaz v. State, 695 So. 2d 950 (Fla. 3d DCA 1997), the Order denying the defendant’s motion for credit for time served prior to sentencing is reversed and this cause is remanded to the trial court with directions to grant defendant the credit for the appropriate amount of time se…
Authorities Cited
- Amado v. State, 585 So. 2d 282 (Fla. 1991)
- Williams v. State, 594 So. 2d 824 (Fla. 3d DCA 1992)