Torres v. State, 695 So. 2d 950 (Fla. 3d DCA 1997). · Go Syfert
Search
Torres v. State, 695 So. 2d 950 (Fla. 3d DCA 1997). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: Perez v. State (fladistctapp, 1998-03-27)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Perez v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
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 grams of cocaine).
Retrieving the full opinion text from the archive…
Efrain TORRES
v.
The STATE of Florida
No. 96-2312.
District Court of Appeal of Florida, Third District.
Jul 2, 1997.
695 So. 2d 950
Margaret S. Brodsky, Miami, for appellant., Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.
Fletcher, Gersten, Jorgenson.
Cited by 1 opinion  |  Published
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.