Walton v. State

Birdsong, Presiding Judge.

Milton Walton was convicted of one count of sale of cocaine and one count of sale of marijuana. On appeal, he contends the trial court erred in failing to give his timely requested charge on the lesser included offense of mere possession as to both charges. Held:

Under the facts in this case, the trial court did not err in failing to charge the jury as to the lesser included offense of mere possession. The evidence shows that appellant was asked to sell cocaine and then marijuana, on two separate occasions on August 16, 1990. In each instance, appellant did not have…