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STATE v. ROSE

No. 4D00-4257.

804 So.2d 454 (2001)

STATE of Florida, Appellant, v. Denise ROSE, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 6, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Barbara A. Zappi, Assistant Attorney General, Fort Lauderdale, for appellant.

Carey Haughwout, Public Defender, and Jennifer Brooks, Assistant Public Defender, West Palm Beach, for appellee.

PER CURIAM.

The state appeals from the trial court's order granting appellee, Denise Rose, a new trial. During the trial, the trial court refused appellee's request that the trial court instruct the jury that she had to have had knowledge of the illicit nature of the substance she was charged with possessing contrary to the requirement of Chicone v. State, 684 So.2d 736 (Fla.1996). See also Hampton v. State,

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