IVORY v. STATE

No. 97-0784.

718 So.2d 233 (1998)

David N. IVORY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 19, 1998.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sylvie Perez Posner, Assistant Attorney General, Fort Lauderdale, for appellee.


WARNER, Judge.

Appellant asserts that the trial court erred in refusing to instruct the jury on his alibi defense when there was evidence presented, which had not been objected to by the state, to support his theory. We agree and reverse.

Appellant was charged with possession of cocaine within one thousand feet of a school. During trial, appellant's fiance testified without objection that she had gone to a movie with appellant on the night of the incidents...

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