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CHERRY v. STATE

No. 4D99-2909.

775 So.2d 403 (2000)

Dondrick CHERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 27, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Steven R. Parrish, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm Cherry's conviction for trafficking in cocaine over 28 grams but reverse his conviction for possession of marijuana with intent to deliver.

The trial court denied Cherry's request for a special jury instruction that an element of the crime is knowledge by the defendant that the substance possessed was marijuana. This was an error. See Chicone v. State, 684 So.2d 736, 746 (Fla.1996). We also find...

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