Jarrell v. State

PATTERSON, Judge.

The appellant challenges his judgment and sentence for possession of contraband in a state facility. We reverse the judgment and sentence and remand for retrial because the trial court did not give a jury instruction on the permissive lesser included offense of possession of less than twenty grams of marijuana.

In Wilcott v. State, 509 So.2d 261 (Fla.1987), the Florida Supreme Court reversed the defendant’s conviction for introducing or possessing contraband upon the grounds of a state correctional institution. Like the present case, defense counsel in Wilcott requested a jury…