COLE v. STATE

No. 77-431.

353 So.2d 952 (1978)

James COLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 11, 1978.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

Appellant was convicted of possession of a barbiturate pursuant to Section 893.13(1)(e), Florida Statutes (1975). The trial court withheld adjudication and placed him on probation for three years. On this appeal appellant contends the trial court erred when it reinstructed the jury on the essential elements of the offense, but refused to include in the reinstruction the requirement that the state must prove knowledge of possession on the...

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