Public-domain · open source
OpenJurist

695 So. 2d 950

Torres v. State

District Court of Appeal of Florida · decided 1997-07-02

Cited by 2 later decisions — most recently October 1999

2 state decisions

Relies on 585 So. 2d 282 - Amado v. State · Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-07-02

View the full empirical analysis of this case →

PER CURIAM.

¶1Upon the State’s proper confession of error, we reverse the defendant’s conviction and sentence for trafficking in cocaine. The trial court erred in failing to instruct the jury on the lesser included offense of simple possession of cocaine. See Amado v. State, 585 So.2d 282, 282 (Fla.1991)(“An instruction on a permissive lesser included offense must be given Vhen the pleadings and the evidence demonstrate that the lesser included offense is included in the offense charged.’ ”); Williams v. State, 594 So.2d 824 (Fla. 3d DCA 1992)(same).

¶2Reversed and remanded for a new trial.

/695/so2d/950 · .json · Public domain