Murphy v. State

SHAHOOD, Judge.

Appellant, Keith D. Murphy, was charged with and found guilty of possession of cocaine with intent to deliver in violation of sections 893.03(2)(a)4 and 893.13(l)(a)l, Florida Statutes (Supp.1994). The trial court entered judgment accordingly. Appellant alleges the trial court erred in failing to give a complete and accurate instruction on the lesser-included offense of possession of cocaine after being requested to do so. We agree and reverse and remand for a new trial.

At the conclusion of all the evidence, a charge conference was held outside the presence of the jury. Defense…