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SCOTT v. STATE

No. SC94701.

808 So.2d 166 (2002)

Bobby SCOTT, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied February 11, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Petitioner.

Robert A. Butterworth, Attorney General, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, FL, for Respondent.

QUINCE, J.

We have for review the following three questions certified by the Fifth District Court of Appeal to be of great public importance:

DOES THE ILLEGAL POSSESSION OF A CONTROLLED SUBSTANCE RAISE A REBUTTABLE PRESUMPTION (OR INFERENCE) THAT THE DEFENDANT HAD KNOWLEDGE OF ITS ILLICIT NATURE? IF SO, IF THE DEFENDANT FAILS TO RAISE THE ISSUE THAT HE WAS UNAWARE OF THE ILLICIT NATURE OF THE SUBSTANCE...

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