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Duckett v. State

District Court of Appeal of Florida, Fourth District
Jul 2, 2008
985 So. 2d 674 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D07-1121.

July 2, 2008.

Appeal from the Seventeenth Judicial Circuit Court, Broward County, Charles M. Greene, J.

Frank Negron, Davie, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


When charging the jury in appellant's trial for trafficking in LSD, the court omitted the word "knowingly" from the first element in the jury instruction, i.e., that appellant knowingly possessed LSD. At trial the defense submitted a correct trafficking instruction including the word "knowingly." However, the trial court did not read the word to the jury, and counsel did not object. Nevertheless, as we held in Nash v. State, 951 So.2d 1003 (Fla. 4th DCA 2007), the omission of the word "knowingly" in the trafficking instruction constitutes fundamental error where the element is disputed at trial. Here, appellant disputed his knowing possession of the drug. We reverse his conviction for trafficking in LSD and remand for a new trail consistent with this opinion. We affirm as to the remaining issue.

POLEN and TAYLOR, JJ., concur.


Summaries of

Duckett v. State

District Court of Appeal of Florida, Fourth District
Jul 2, 2008
985 So. 2d 674 (Fla. Dist. Ct. App. 2008)
Case details for

Duckett v. State

Case Details

Full title:Christopher DUCKETT, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 2, 2008

Citations

985 So. 2d 674 (Fla. Dist. Ct. App. 2008)

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