Lester Johnson v. State of Florida

Lester Johnson, III, appeals his convictions and sentences for sale or delivery of cocaine within 1000 feet of a church (Count 1) and possession of cocaine with intent to sell or deliver (Count 2). He raises four issues on appeal. We affirm three of them without comment, but write to address Mr. Johnson’s contention that the trial court should have reinstrhcted the jury as to Count 1 after it marked him guilty on the verdict form of both the highest charged crime and the necessary lesser included offense. Under the circumstances here, we hold there was no error in the trial court’s decision…