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FUNDORA v. STATE

No. 90-1669.

573 So.2d 454 (1991)

Guillermo FUNDORA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 12, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.

ON CONFESSION OF ERROR

PER CURIAM.

Upon consideration of the state's confession of error and our review of the record, the defendant's conviction for trafficking is reversed for a new trial because of the fundamental error involved in the trial court's failure to instruct the jury on the material and disputed elements of intent and knowledge. See State v. Dominguez, 509 So.2d 917 (Fla. 1987); Williams v. State...

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