State v. Rose

804 So. 2d 454, 2001 Fla. App. LEXIS 15661, 26 Fla. L. Weekly Fed. D 2655
Procedural entryThis page is a short order in State v. Rose. Read the opinion of the Court — 876 So. 2d 1240
District Court of Appeal of Florida·Decided November 7, 2001·No. No. 4D00-4257·Published

Opinion

PER CURIAM.

The state appeals from the trial court’s order granting appellee, Denise Rose, a new trial. During the trial, the trial court refused appellee’s request that the trial court instruct the jury that she had to have had knowledge of the illicit nature of the substance she was charged with possessing contrary to the requirement of Chicone v. State, 684 So.2d 736 (Fla.1996). See also Hampton v. State, 796 So.2d 1260 (Fla. 4th DCA 2001). Recognizing its error, the trial court granted appellee’s motion for new trial. We affirm.

DELL, FARMER and HAZOURI, JJ., concur.

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State v. Rose, 804 So. 2d 454, 2001 Fla. App. LEXIS 15661, 26 Fla. L. Weekly Fed. D 2655 (Fla. Ct. App. 2001).

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Related

Hampton v. State
796 So. 2d 1260 (District Court of Appeal of Florida, 2001)
Chicone v. State
684 So. 2d 736 (Supreme Court of Florida, 1996)