DUCKETT v. STATE

No. 4D07-1121.

985 So.2d 674 (2008)

Christopher DUCKETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 2, 2008.


Attorney(s) appearing for the Case

Frank Negron, Davie, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

When charging the jury in appellant's trial for trafficking in LSD, the court omitted the word "knowingly" from the first element in the jury instruction, i.e., that appellant knowingly possessed LSD. At trial the defense submitted a correct trafficking instruction including the word "knowingly." However, the trial court did not read the word to the jury, and counsel did not object. Nevertheless, as we held in Nash v. State, 951...

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