Williams v. State

This is an appeal by the defendant Derrick L. Williams from an adjudication of guilt and sentence for the first-degree felony of trafficking in over 400 grams of cocaine [§ 893.135(l)(b)l.c., Fla.Stat. (1989) ] which was entered upon an adverse jury verdict. We reverse for a new trial.

The state concedes, and we agree, that it was error for the trial court to refuse to instruct the jury on the permissive lesser included offense of sale of cocaine [§ 893.13(l)(a), Fla.Stat. (1989)], a second-degree felony, because the information herein alleged a sale of cocaine and the evidence adduced at…