RAMIREZ v. STATE

No. 4D10-4927.

125 So.3d 171 (2013)

Andrew RAMIREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 16, 2013.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Paul E. Petillo , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Sue-Ellen Kenny , Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

After a jury trial, Andrew Ramirez was convicted of trafficking in hydrocodone and possession of cocaine with intent to sell. We reverse the trafficking conviction because the failure to charge the jury on a "prescription defense" constituted fundamental error in a case where a question from the jury should have highlighted the absence of the instruction for the trial court and defense attorney.

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