JENKINS v. STATE

No. 95-4072.

694 So.2d 78 (1997)

Thomas Lee JENKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 3, 1997.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Amelia L. Beisner, Assistant Attorney General, Tallahassee, for Appellee.


WEBSTER, Judge.

In this direct criminal appeal, appellant seeks review of his conviction for sale of cocaine within 1,000 feet of a school. He contends that the trial court committed reversible error when it refused his request to instruct the jury that he could be found guilty only if he knew that the substance he sold was cocaine. We agree and, accordingly, reverse.

At trial, the state presented a videotape of what...

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