McGAHEE v. STATE

No. 1D05-0520.

929 So.2d 713 (2006)

Jim Lee McGAHEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 25, 2006.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Marjorie C. Holladay, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Alan R. Dakan, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

In this direct appeal from conviction for sale or delivery of cocaine, Appellant raises several issues, only one of which merits discussion. Appellant contends that the trial court erred in failing to instruct the jury that in order to convict, the jury had to find that Appellant knew that the substance that changed hands was cocaine. We agree and reverse and remand for a new trial.

Appellant was alleged to have sold or delivered cocaine within...

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