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WELLER v. STATE

No. 85-1071.

501 So.2d 1291 (1986)

Patrick WELLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 13, 1986.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.

STONE, Judge.

Defendant was charged with, and convicted of, trafficking and conspiracy to traffic in cocaine in violation of sections 893.135(1)(b)(3) and (4), Florida Statutes (1984). The primary issue on appeal involves the failure of the trial court to instruct the jury as to any lesser included offenses in the count alleging conspiracy, although the court did charge the jury fully with respect to lesser included offenses in the count involving trafficking. Both...

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