HAMPTON v. STATE

No. 4D00-3174.

796 So.2d 1260 (2001)

James HAMPTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 17, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and David J. McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Maria J. Patullo, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was convicted of possession of cocaine with intent to sell or deliver within 1,000 feet of a church. We reverse because the trial court did not instruct the jury that appellant had to have had knowledge of the illicit nature of the substance, required by Chicone v. State, 684 So.2d 736 (Fla.1996).

Appellant was observed by an officer holding a small bag and saying to another person "hey man, what...

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