Canty v. State

471 So.2d 676 (1985)

Bobby Lee CANTY, Appellant,

v.

STATE of Florida, Appellee.

No. BA-167.

District Court of Appeal of Florida, First District.

July 2, 1985.

Michael E. Allen, Public Defender, and Sue Carter Collins, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Mark C. Menser, Asst. Atty. Gen., Tallahassee, for appellee.

WIGGINTON, Judge.

Canty appeals his conviction and sentence for the lesser offense of possession and delivery of less than twenty grams of cannabis, a misdemeanor. We reverse on the basis that the trial court erred in failing to instruct the jury on…