McLemore v. State

District Court of Appeal of Florida

McLemore v. State

805 So. 2d 1070, 2002 Fla. App. LEXIS 719, 2002 WL 112571

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 2002

DocketNo. 4D99-2419

StatusPublished

This text of 805 So. 2d 1070 (McLemore v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McLemore v. State, 805 So. 2d 1070, 2002 Fla. App. LEXIS 719, 2002 WL 112571 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

Anthony McLemore was tried by jury and convicted of possession of cocaine and possession of cannabis. We agree with McLemore that the trial court erred in failing to give the jury his requested special instruction that an element of the crime is knowledge by the defendant that the substances possessed were marijuana and cocaine. See Chicone v. State, 684 So.2d 736, 746 (Fla.1996). Even though [1071]*1071McLemore disavowed any connection whatsoever to the items, we find that the error was not harmless. See Scott v. State, 808 So.2d 166 (Fla.2002)(holding that failure to give a properly requested Chicone instruction cannot be harmless error).

Accordingly, we reverse the convictions and sentence and remand for a new trial.

POLEN, C.J., STEVENSON and TAYLOR, JJ., concur.

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PER CURIAM.

Anthony McLemore was tried by jury and convicted of possession of cocaine and possession of cannabis. We agree with McLemore that the trial court erred in failing to give the jury his requested special instruction that an element of the crime is knowledge by the defendant that the substances possessed were marijuana and cocaine. See Chicone v. State, 684 So.2d 736, 746 (Fla.1996). Even though [1071]*1071McLemore disavowed any connection whatsoever to the items, we find that the error was not harmless. See Scott v. State, 808 So.2d 166 (Fla.2002)(holding that failure to give a properly requested Chicone instruction cannot be harmless error).

Accordingly, we reverse the convictions and sentence and remand for a new trial.

POLEN, C.J., STEVENSON and TAYLOR, JJ., concur.

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805 So. 2d 1070, 2002 Fla. App. LEXIS 719, 2002 WL 112571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclemore-v-state-fladistctapp-2002.

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