WALTERS v. STATE

No. 96-02631.

710 So.2d 606 (1998)

Dallas J. WALTERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 25, 1998.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Frank D.L. Winstead, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.


YOUNG, ROBERT A., Associate Judge.

The appellant was charged with possession of cocaine and possession of paraphernalia. He was tried by a jury and found guilty. On appeal he contends that he was denied a fair trial because the trial court acceded to the prosecutor's request, over defense counsel's objection, to modify the standard jury instruction on the elements of possession. We agree and reverse.

At trial the appellant's theory of defense was that he was...

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