CLEMENT HOARDES, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CLEMENT HOARDES, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D07-0356 STATE OF FLORIDA, Appellee. _____________________________/ 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. In all other respects, we affirm. WOLF, LEWIS, and ROBERTS, JJ., CONCUR. 2

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