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402 So. 2d 10

Bradshaw v. State

District Court of Appeal of Florida

Decided February 10, 1981

District Court of Appeal of Florida · decided 1981-02-10

Relies on Brown v. State · D. D. S. v. State

Decided 1981-02-10

PER CURIAM.

¶1Based on the evidence adduced in this case, the trial court’s instruction to the jury permitting them to consider possession as a lesser-included offense of the charged crime of sale and delivery of a controlled substance was not error. Cf. Anderson v. State, 392 So.2d 328 (Fla. 3d DCA 1981) [the offense of possession under appropriate circumstances may be a category four lesser-included offense of sale under Brown v. State, 206 So.2d 377 (Fla.1968), so as to be excluded from the separate sentencing requirement of Section 775.021(4), Florida Statutes (1979)]. We have considered the other points on appeal raised by appellant and find them to be without merit.

¶2Affirmed.

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