Colston v. State

SHIVERS, Judge.

Defendant Colston appeals November 3, 1986, judgment of guilt for possession of contraband in a county detention facility contrary to section 951.22, Florida Statutes. He contends the trial court erred in failing to instruct the jury on misdemeanor possession of cannabis as a lesser included offense. We reverse.

At the time of the judgment against Col-ston, our court had held in Wilcott v. State, 472 So.2d 1389 (Fla. 1st DCA 1985) that misdemeanor possession of marijuana is not a lesser included offense of possession of contraband in a state prison. On May 21, 1987, the Florida…