BURSON v. STATE

No. 2D11-5823.

102 So.3d 714 (2012)

Marcus Lee BURSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 12, 2012.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Dane K. Chase , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Donna S. Koch , Assistant Attorney General, Tampa, for Appellee.


VILLANTI, Judge.

Marcus Lee Burson appeals his conviction and sentence for one count of trafficking in oxycodone, arguing that he is entitled to a new trial because the jury was improperly instructed on theories of guilt not charged in the information. We agree, and we reverse Burson's conviction and sentence and remand for a new trial.

The evidence at trial showed that Burson was contacted by a confidential informant, one John Vahn, who asked whether Burson...

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