DAY v. STATE

No. 1D12-705.

119 So.3d 485 (2013)

Allan Ray DAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 29, 2013.


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 Angela R. Hensel , Assistant Attorney General, Tallahassee, for Appellee.


LEWIS, J.

Appellant challenges his conviction and sentence for trafficking in hydrocodone. The sole issue presented on appeal is whether the trial court committed fundamental error in failing to give the "prescription defense" instruction to the jury. Because the failure to instruct the jury on the "prescription defense" under the circumstances of this case does not rise to the level of fundamental error, we affirm Appellant's conviction and sentence.

Appellant...

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