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MILLER v. STATE

No. 4D09-739.

35 So.3d 162 (2010)

Ricky MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 26, 2010.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

Ricky Miller appeals his conviction of possession of cocaine. At his trial, he requested that the court instruct the jury on his affirmative defense of lack of knowledge that the substance he possessed was cocaine. The trial court refused to give the instruction. We reverse.

The possession of cocaine charge arose from Miller's possession of a glass pipe which contained cocaine residue. When Miller testified in his own defense,

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