Moore v. State

496 So.2d 255 (1986)

Frederick MOORE, Appellant,

v.

STATE of Florida, Appellee.

Nos. 86-26, 86-295.

District Court of Appeal of Florida, Fifth District.

October 30, 1986.

Steve Jablon, Kissimmee, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Jim Easley, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a conviction and sentence in a drug case. Appellant was charged with unlawful sale of cocaine. The trial judge instructed the jury regarding unlawful delivery of cocaine, rather than sale, and the jury returned a verdict of guilty "as charged." Either the…