SANDIFER v. STATE

No. 4D02-1086.

851 So.2d 788 (2003)

Larry Charles SANDIFER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 29, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


SHAHOOD, J.

Appellant, Larry Charles Sandifer, appeals his conviction and sentence on the charge of sale of cocaine. We reverse appellant's conviction because the trial court denied his requested jury instruction on the element of guilty knowledge of the illicit nature of the substance, and remand for a new trial.

During trial and at the charge conference, appellant's counsel requested that the jury be given a Chicone1 instruction...

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