Johnson v. State

Appellant, charged in two cases with “unlawful sale or delivery of or unlawful possession with intent to sell or deliver a controlled substance,” in violation of section 893.13(l)(a)l, Florida Statutes (1987), complains that the trial court erred in refusing an instruction on simple possession. We agree that defendant was entitled to an instruction on simple possession as a lesser included offense. See Fla.Std.Jury Instr. (Crim.), Schedule of Lesser Included Offenses (§ 893.13(l)(a), Fla.Stat.); Essex v. State, 539 So.2d 559 (Fla. 4th DCA 1989).

Appellant also complains of the refusal to allow…