STEPHEN JEROME TOLBERT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
STEPHEN JEROME TOLBERT, APPELLANT,
STATE OF FLORIDA, APPELLEE
925 So. 2d 1148
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Appellant, Stephen Jerome Tolbert, appeals his conviction for possession of cocaine under section 893.101, Florida Statutes (2003), arguing that a jury instruction failed to instruct the jury that knowledge of the illicit nature of the controlled substance is an element of the crime, therefore rendering section 893.101 unconstitutional. This court addressed the constitutionality of section 893.101 in Wright v. State, 920 So. 2d 21 (Fla. 4th DCA), rev. denied, 915 So. 2d 1198 (Fla.2005). In Wright, this court rejected the argument made by Tolbert. Accordingly, we affirm Tolbert’s conviction for those reasons discussed in Wright.
Affirmed.
WARNER, GROSS and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jasper Little v. State, 77 So. 3d 722 (Fla. 3d DCA 2011)…rida Statutes (2003), which overruled Chicone v. State, 684 So. 2d 736 (Fla.1996), and eliminated knowledge of the unlawful nature of the offending substance as an element of the crime, is unconstitutional. As was correctly held in Tolbert v. State, 925 So. 2d 1148 (Fla. 4th DCA, 2006), Wright v. State, 920 So. 2d 21 (Fla. 4th DCA 2005), [*723] review denied, 915 So. 2d 1198 (Fla.2005), Smith v. State, 901 So. 2d 1000 (Fla. 4th DCA 2005), review denied, 928 So. 2d 336 (Fla.2006), and Burnette v. State, 901 So.…
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State v. Washington, 114 So. 3d 182 (Fla. 3d DCA 2012)…appellate courts across the state. See e.g., Williams v. State, 45 So. 3d 14 (Fla. 1st DCA 2010); Johnson v. State, 37 So. 3d 975 (Fla. 1st DCA 2010); Harris v. State, 932 So. 2d 551 (Fla. 1st DCA 2006); Taylor, 929 So. 2d at 665; Tolbert v. State, 925 So. 2d 1148 (Fla. 4th DCA 2006); Wright v. State, 920 So. 2d 21 (Fla. 4th DCA 2005); Smith v. State, 901 So. 2d 1000 (Fla. 4th DCA 2005), review denied, 928 So. 2d S36 (Fla.2006); Burnette v. State, 901 So. 2d 925 (Fla. 2d DCA 2005). On July 27, 2011, a federa…
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Taylor v. State, 929 So. 2d 665 (Fla. 3d DCA 2006)…rida Statutes (2003), which overruled Chicone v. State, 684 So. 2d 736 (Fla.1996), and eliminated knowledge of the unlawful nature of the offending substance as an element of the crime, is unconstitutional. As was correctly held in Tolbert v. State, 925 So. 2d 1148 (Fla. 4th DCA, 2006), Wright v. State, 920 So. 2d 21 (Fla. 4th DCA 2005), review denied, 915 So. 2d 1198 (Fla.2005), Smith v. State, 901 So. 2d 1000 (Fla. 4th DCA 2005), review denied, No. SC05-1120, 928 So. 2d 336 (April 4, 2006), and Burnette v. S…
Authorities Cited
- State v. Schuyler, 920 So. 2d 21 (Fla. 4th DCA 2005)
- Wright v. State, 920 So. 2d 21 (Fla. 4th DCA 2005)
- Wright v. State, 915 So. 2d 1198 (Fla. 2005)