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CLEMENT HOARDES, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 1D07-0356

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CLEMENT HOARDES, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 1D07-0356 District Court of Appeal of Florida, First District. Opinion filed January 30, 2009. An appeal from the Circuit Court for Leon County. Bradford L. Thomas, Judge. Nancy A. Daniels, Public Defender, and Gail E. Anderson, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant correctly asserts that the trial court erred in instructing the jury on possession of more than 20 grams of cannabis as a lesser included offense of the sale of cannabis.   See McCloud v. State, 577 So.2d 939, 941 (Fla.1991). We, therefore, reverse appellant’s conviction as to count I...continue to full post

Full post as published by Florida Criminal Law Opinions on January 30, 2009 (boomark / email).