Pickett v. State

We affirm appellant’s convictions for delivery of cocaine and escape.

Appellant’s conviction for possession of cocaine with intent to deliver must be vacated. Mincey v. State, 563 So.2d 811 (Fla. 2d DCA 1990).

Appellant was also convicted, initially, of “attempted resisting arrest with violence” as a lesser included offense of resisting arrest. Defense counsel apparently requested such an instruction at appellant’s jury trial. As recognized by both parties to this appeal, this is a nonexistent crime. Plummer v. State, 454 So.2d 769 (Fla. 1st DCA 1984). Upon discovering the error, the trial…