MITCHELL v. STATE

No. 4D05-4580.

958 So.2d 496 (2007)

Charles MITCHELL, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 13, 2007.


Attorney(s) appearing for the Case

Roy Black and Christine M. Ng of Black, Srebnick, Kornspan & Stumpf, P.A., Miami, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Charles Mitchell appeals his convictions for trafficking in cocaine and trafficking in marijuana. He claims that the court erred in refusing to give his special jury instruction on constructive possession of cocaine which more accurately stated the law to be applied on the facts of this case. We agree that the special jury instruction should have been given instead of the standard instruction which was misleading under these facts. We therefore reverse...

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