Bezell v. State

The appellant (Bezell) was convicted by jury of unlawful possession of a controlled substance (heroin) and sentenced to imprisonment for two years. In this appeal he contends that the trial court erred in refusing to give his tendered instructions to the effect that visiting a common nuisance is a lesser included offense and in denying his post-conviction petition to be offered an election to submit to treatment as a drug abuser.

We affirm.

At the trial the State’s evidence (the only evidence presented) was that two police officers, not in uniform, were in a tavern. They noticed Bezell leaving…