JONES v. STATE

No. 2D02-4245.

857 So.2d 969 (2003)

Freddie JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 24, 2003.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Deborah Fraim Hogge, Assistant Attorney General, Tampa, for Appellee.


CANADY, Judge.

Jones appeals his conviction for possession of cocaine. Because the trial court fundamentally erred by failing to instruct the jury that knowledge of the illicit nature of the substance possessed was an element of the offense of possession of cocaine, we reverse.

Jones faced the possession of cocaine charge based upon his possession of a crack pipe that contained cocaine residue. Jones was arrested after presenting this crack pipe to an undercover...

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