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JOHNSON v. STATE

No. 4D01-4041.

833 So.2d 252 (2002)

Maurice A. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 26, 2002.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

Richard E. Doran, Attorney General, Tallahassee, and Frank J. Ingrassia, Assistant Attorney General, Fort Lauderdale, for appellee.

KLEIN, J.

In Chicone v. State, 684 So.2d 736 (Fla. 1996), our supreme court held that knowledge that the substance is illegal is an element of the crime of drug possession and that failure to so instruct the jury, when the instruction is requested, is error. In this case such an instruction was not requested, but appellant argues that it was fundamental error. We agree that it was under the facts in this case.

Appellant...

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