Cantrell v. State

McMurray, Presiding Judge.

Defendant and his co-indictee were jointly tried before a jury, and defendant was found guilty of a single count of possession of cocaine with intent to distribute. He appeals directly from the judgment of conviction and life sentence entered on the jury’s verdict. Held:

1. In defendant’s first enumeration, he contends the trial court erred in refusing to accept a verdict for mere possession of cocaine, under the following circumstances: The trial court instructed the jury on possession of cocaine as a lesser offense included within the indicted offense of possession…