STATE OF FLORIDA, APPELLANT,
v.
DENISE ROSE, APPELLEE
STATE OF FLORIDA, APPELLANT,
DENISE ROSE, APPELLEE
804 So. 2d 454
Florida District Court of Appeal, Fourth District (2001)
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Chicone v. State, 684 So. 2d 736 (Fla. 1996)
- Blanch v. State, 796 So. 2d 1260 (Fla. 1st DCA 2001)