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BANASZEK v. STATE

No. 2D01-1404.

821 So.2d 332 (2002)

Kenneth BANASZEK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 29, 2002.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Gonzalo Alberto Gayoso, Special Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne S. Weiner, Assistant Attorney General, Tampa, for Appellee.

BLUE, Chief Judge.

Kenneth Banaszek appeals his convictions for first-degree murder and two counts of possession of a controlled substance. Finding no error in the issues regarding the murder conviction, we affirm it without discussion. We reverse the convictions for possession of a controlled substance and remand for a new trial.

At trial, Mr. Banaszek requested that the jury be given an instruction to determine whether he knew that the drugs were controlled...

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