Opinion
No. 4D00-4257.
Opinion filed November 7, 2001. Rehearing Denied December 6, 2001.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. Case No. 99-232 CF10A.
Robert A. Butterworth, Attorney General, Tallahassee, and Barbara A. Zappi, Assistant Attorney General, Fort Lauderdale, for appellant.
Carey Haughwout, Public Defender, and Jennifer Brooks, Assistant Public Defender, West Palm Beach, for appellee.
The state appeals from the trial court's order granting appellee, Denise Rose, a new trial. During the trial, the trial court refused appellee's request that the trial court instruct the jury that she had to have had knowledge of the illicit nature of the substance she was charged with possessing contrary to the requirement of Chicone v. State, 684 So.2d 736 (Fla. 1996). See also Hampton v. State, No. 4D00-3174 (Fla. 4th DCA Oct. 17, 2001). Recognizing its error, the trial court granted appellee's motion for new trial. We affirm.
DELL, FARMER and HAZOURI, JJ., concur.