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BARRIENTOS v. STATE

No. 2D07-2221.

1 So.3d 1209 (2009)

Jose A. BARRIENTOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 6, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Dawn Elizabeth Adams, Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

Jose A. Barrientos appeals his judgments and sentences for trafficking in cocaine in an amount greater than 400 grams and less than 150 kilograms, section 893.135(1)(b)(1)(c), Florida Statutes (2005), and possession of more than twenty grams of cannabis, section 893.13(6)(a). Because Mr. Barrientos' knowledge of the presence of the cocaine was a disputed issue at trial and the trial court deleted the word "knowingly" from the first element of the standard...

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