From Casetext: Smarter Legal Research

Edwards v. State

District Court of Appeal of Florida, Fifth District
Jun 13, 1991
581 So. 2d 239 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2125.

June 13, 1991.

Appeal from the Circuit Court, Putnam County, Peter T. Miller, Acting J.

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


This is an appeal from a judgment and sentence in a cocaine delivery case.

The trial court did not err in refusing to give the jury an instruction on, or a verdict form for, possession of cocaine. That crime was not charged and it is not a lesser included offense. State v. McCloud, 577 So.2d 939 (Fla. 1991); State v. V.A.A., 577 So.2d 941 (Fla. 1991).

The court did err in sentencing appellant as an adult when he was under eighteen years of age at the time the crime was committed, especially because the judge did not comply with section 39.111, Florida Statutes (1989). Leach v. State, 545 So.2d 520 (Fla. 5th DCA 1989); Smith v. State, 543 So.2d 419 (Fla. 5th DCA 1989); Keith v. State, 542 So.2d 440 (Fla. 5th DCA 1989).

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED.

GOSHORN and PETERSON, JJ., concur.


Summaries of

Edwards v. State

District Court of Appeal of Florida, Fifth District
Jun 13, 1991
581 So. 2d 239 (Fla. Dist. Ct. App. 1991)
Case details for

Edwards v. State

Case Details

Full title:MICHAEL A. EDWARDS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jun 13, 1991

Citations

581 So. 2d 239 (Fla. Dist. Ct. App. 1991)