SHEDD v. STATE

No. 4D12-1509.

137 So.3d 456 (2014)

Daniel SHEDD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 28, 2014.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Narine N. Austin , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Don M. Rogers , Assistant Attorney General, West Palm Beach, for appellee.


DAMOORGIAN, C.J.

Appellant, Daniel Shedd, appeals his convictions for possession of marijuana (less than twenty grams), possession of alprazolam, and possession of hydrocodone following a jury trial. We reverse the possession of alprazolam and possession of hydrocodone convictions because the trial court's failure to charge the jury on a "prescription defense" constitutes fundamental error and establishes ineffective assistance of counsel on the face of the record...

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