ALPHONSO MIMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1977-04-15
No. 75-2109
MAGER, C. J., and DOWNEY, J., concur., ANSTEAD, J., dissents, with opinion.
352 So. 2d 68 Florida District Court of Appeal, Fourth District (1977) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

MAGER, C. J., and DOWNEY, J., concur.

ANSTEAD, J., dissents, with opinion.

Dissent
ANSTEAD, Judge,

ANSTEAD, Judge,

dissenting:

The only defense offered to the charge of unlawful possession of narcotics was that the defendant was not aware of the contents of a package given to him by a co-defendant just prior to their arrest. At the trial, the co-defendant testified in Mims’ behalf. Mims’ counsel requested a jury instruction explaining that knowledge of the contraband was necessary for conviction. The trial court refused that request. By the jury’s subsequent questions it was obvious that the jury was concerned with the issue of knowledge. The standard jury instructions given did not cover knowledge. Under these circumstances I believe it was reversible error to refuse an instruction on knowledge. Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967).

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  • Bessemer v. Gersten, 381 So. 2d 1344 (Fla. 1980)
    …This Court’s opinion of February 8, 1979 is withdrawn. This cause is before the Court on petition for certiorari supported by the district court’s certification that its decision passed upon a question of great public interest. Gersten v. Bessemer, 352 So. 2d 68 (Fla. 4th DCA 1977). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. The issues are whether a developer can impose upon lots in a subdivision encumbrances creating affirmative duties to make cash payments for recreational purposes, to be enforc…
  • Johnson v. State, 362 So. 2d 430 (Fla. 4th DCA 1978)
    …ANSTEAD, Judge, dissenting: 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. De [*431] spite a request, no instruction was given r…

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