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SMITH v. STATE

No. 3D18-0991.

260 So.3d 578 (2019)

Joseph SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed January 23, 2019.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Shannon Hemmendinger , Assistant Public Defender, for appellant.

Ashley Brooke Moody , Attorney General, and Gabrielle Raemy Charest-Turken , Assistant Attorney General, for appellee.

Before EMAS, C.J., and HENDON, J., and LAGOA, Associate Judge.

ON CONFESSION OF ERROR

Joseph Smith ("Smith") appeals his conviction and sentence for possession of a controlled substance, possession of drug paraphernalia, and resisting an officer without violence, arguing that his trial was fundamentally flawed due to the trial court's failure to instruct the jury as to reasonable...

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