Second DCA reiterates Possession is a Necessary Lesser Included Offense

Ewing v. State, 36 Fla. L. Weekly D421 (Fla. 2d DCA, Feb 25, 2011): Appeal from guilty verdict, reversed (in part) – It is reversible error to not give simple possession instruction as a lesser included offense for all possession with intent to sell jury instructions.  Even though it is not listed on the approved jury instruction for possession with intent to sell, it is a necessary lesser included offense.

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