HOWARD v. STATE

No. BA-390.

467 So.2d 445 (1985)

Tyrone HOWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 2, 1985.


Attorney(s) appearing for the Case

Michael Allen, Public Defender, and Glenna Joyce Reeves, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and John M. Koenig, Jr., Asst. Atty. Gen., for appellee.


NIMMONS, Judge.

The sole issue on appeal is whether the trial court reversibly erred in refusing to instruct the jury that the state must prove, in a prosecution of the defendant for possession of contraband in a state correctional institution under Section 944.47, Florida Statutes, that the defendant had knowledge of such possession. We reverse.

The defendant, an inmate of the Union Correctional Institution, testified that when he was coming out from the...

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