MATHIS v. STATE

No. 3D07-2627.

21 So.3d 865 (2009)

Georgina MATHIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 21, 2009.


Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Shannon P. McKenna, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Jill D. Kramer, Assistant Attorney General, for appellee.

Before GERSTEN and LAGOA, JJ., and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

The conviction on appeal for possession with intent to sell cocaine within 1000 feet of a child care facility, as found by the jury, may not stand because the court fundamentally erred in omitting that part of the standard jury instruction which concerned the necessity that any possession be "with the intent to sell" the contraband. § 893.13(1)(c)(1), Fla. Stat. (2006). Although the omission was not objected to below, the failure to instruct...

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