Miller v. State

Ira Miller, Barry Zettle, and James Gan-gloff were charged with trafficking in cocaine (Count I) and conspiracy to traffic in cocaine (Count II). The conspiracy counts were dismissed by the trial judge, but all three men were convicted of possession with intent to sell or deliver cocaine, a lesser included offense under the trafficking counts. Appellant Miller alleges that the trial court erred in refusing to grant the request of all three defendants to instruct the jury as to the minimum and maximum penalties possible for the main offense charged, that of trafficking in cocaine.

It is now…