Corpstein v. State

WHATLEY, Judge.

Richard N. Corpstein appeals his conviction for conspiracy to traffic in cocaine. We affirm the denial of his motion to suppress without discussion; however, we reverse his conviction and remand for a new trial because the trial court erred in refusing to instruct the jury on a lesser included offense.

Corpstein was charged with conspiracy to traffic in twenty-eight grams or more but less than 200 grams of cocaine. § 893.135(l)(b)(1)(a), Fla. Stat. (2001). At the charge conference, Corpstein asked the court to instruct the jury on the offense of conspiracy to deliver cocaine. *308§…