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Johnson v. State

District Court of Appeal of Florida, Fourth District
Aug 30, 1978
362 So. 2d 430 (Fla. Dist. Ct. App. 1978)

Opinion

No. 76-2551.

August 30, 1978.

Appeal from the Circuit Court, Osceola County, Cecil H. Brown, J.

Richard L. Jorandby, Public Defender, and Larry S. Weaver, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.


AFFIRMED.

DOWNEY, C.J., and DAUKSCH, J., concur.

ANSTEAD, J., dissents with opinion.


This case is similar to Mims v. State, 352 So.2d 68 (Fla. 4th DCA 1977), in that appellant's defense to drug possession charges was that he had no knowledge that the illegal drugs were in a satchel possessed by him and containing his barber tools. Despite a request, no instruction was given requiring knowledge on appellant's part. The jury specifically asked the court if appellant would be guilty if he had no knowledge that the drugs were in his satchel. The judge declined to answer the question except to tell the jury that the case must be decided on the instructions and evidence already submitted. Guilty verdicts were ultimately returned. As in Mims, I believe it was reversible error to refuse an instruction on knowledge. Frank v. State, 199 So.2d 117 (Fla. 1st DCA 1967).


Summaries of

Johnson v. State

District Court of Appeal of Florida, Fourth District
Aug 30, 1978
362 So. 2d 430 (Fla. Dist. Ct. App. 1978)
Case details for

Johnson v. State

Case Details

Full title:PHILLIP JOHNSON, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 30, 1978

Citations

362 So. 2d 430 (Fla. Dist. Ct. App. 1978)