Perez v. State

GRIFFIN, Chief Judge.

Appellant, Ismael Berrios Perez [“Perez”], appeals his convictions of conspiracy to traf*159fic 200 or more grams of cocaine and conspiracy to traffic four to fourteen grams of heroin. 1

Perez raises several issues on appeal, only one of which has merit. He is entitled to a new trial on both charges because the lower court erroneously refused to instruct the jury on requested lesser included offenses. At the charge conference, Perez asked the court to instruct on conspiracy to traffic in lesser amounts of heroin and cocaine as lesser-included offenses of conspiracy to traffic…