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TERRIEN v. STATE

No. 4D10-487.

94 So.3d 648 (2012)

Michelle TERRIEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 1, 2012.

Attorney(s) appearing for the Case

Antony P. Ryan , Regional Counsel, and Nancy Jack , Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Mitchell A. Egber , Assistant Attorney General, West Palm Beach, for appellee.

CIKLIN, J.

Michelle Terrien was tried and convicted for (1) introduction of contraband into a state correctional institution and (2) conspiracy to introduce contraband into a state correctional institution. On appeal, she argues that the trial court fundamentally erred when it instructed the jury on an alternative theory for committing the first offense which was not alleged in the charging document. We agree and therefore reverse Terrien's conviction for introduction...

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