Hettick v. State

RYDER, Judge.

Michael Hettick was charged with possession of cocaine (Count I), delivery of cocaine (Count II) and conspiracy to traffic in cocaine (Count III). The jury acquitted him on Counts I and II, and found him guilty on Count III. He now attacks the trial court’s refusal to instruct the jury on a lesser included offense to conspiracy to traffic in cocaine. He also challenges the sentence imposed. We find merit in his first point and reverse. The sentencing issue is therefore moot, and we will not address it.

The state initially contends that Het-tick has failed to preserve the jury…