Moore v. State, 512 So. 2d 1149

MILLS, Judge.

The defendant was charged with inmate possession of contraband, to wit: cannabis, and the evidence showed the amount of cannabis involved was less than 20 grams. Under such circumstances, the defendant was entitled to a jury instruction on the lesser included offense of misdemeanor possession of less than 20 grams of cannabis pursuant to section 893.13(1)(f), Florida Statutes (1985). Failure to give the instruction was reversible error. Wilcott v. State, 509 So.2d 261 (Fla. 1987).

The judgment and sentence are vacated and the case is remanded for further consistent proceedings.

WENTWORTH and NIMMONS, JJ., concur.

Case Details

Case Name: Moore v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 24, 1987

Citations: 512 So. 2d 1149; 12 Fla. L. Weekly 2310; BQ-260

Docket Number: BQ-260

Court Abbreviation: Fla. Dist. Ct. App.