AYOTTE v. STATE

No. 1D10-0423.

67 So.3d 330 (2011)

Christopher Alan AYOTTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 24, 2011.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender and A. Victoria Wiggins , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General and Thomas H. Duffy , Assistant Attorney General, Tallahassee, for Appellee.


CLARK, J.

Appellant challenges his conviction, after jury trial, for trafficking in hydrocodone in violation of section 893.135(1)(c)1., Florida Statutes. Because the Standard Criminal Jury Instructions were not sufficient to inform the jury of the statutory exception raised by the evidence, because the state argued to the jury that "knowing possession" was sufficient to support a conviction, and because the statutory exception for lawfully prescribed hydrocodone...

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