CARLOS BLANCH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
CARLOS BLANCH, PETITIONER,
STATE OF FLORIDA, RESPONDENT
796 So. 2d 1260
Florida District Court of Appeal, First District (2001)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The petition for belated appeal is granted. Petitioner shall be allowed a belated appeal from the judgment and sentence rendered on February 27, 2001, in Gadsden County case number 00-99CFA. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as the notice of appeal. Fla. R.App. P. 9.141(c)(5)(D).
PETITION GRANTED.
MINER, WOLF and BENTON, JJ., concur.
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Izel Jackson v. State, 832 So. 2d 773 (Fla. 4th DCA 2002)…t significant as this court has held that “guilty knowledge” is also an element of the crime of delivery. See Ryals v. State, 716 So. 2d 313 (Fla. 4th DCA), review denied, 727 So. 2d 910 (Fla.1998), receded from on other grounds in Hampton v. State, 796 So. 2d 1260, 1260 n. 1 (Fla. 4th DCA 2001); see also Jenkins v. State, 694 So. 2d 78, 80 (Fla. 1st DCA 1997). Clearly, then, Gary was entitled to the requested Chi-cone instruction. Id. at 583. Further, this court in Gary, citing Scott, held that the failure t…
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Erroll Gary v. State, 806 So. 2d 582 (Fla. 4th DCA 2002)…t significant as this court has held that “guilty knowledge” is also an element of the crime of delivery. See Ryals v. State, 716 So. 2d 313 (Fla. 4th DCA), review denied, 727 So. 2d 910 (Fla.1998), receded from on other grounds in Hampton v. State, 796 So. 2d 1260, 1260 n. 1 (Fla. 4th DCA 2001); see also Jenkins v. State, 694 So. 2d 78, 80 (Fla. 1st DCA 1997). Clearly, then, Gary was entitled to the requested Chicone instruction. Until just recently, however, the more unsettled question was whether the failu…
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State v. Rose, 804 So. 2d 454 (Fla. 4th DCA 2001)…t 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.…