Supreme Court of Florida

Since guilty knowledge of the illicit nature of a drug in defendant's possession is an element of the crimes of possession of a controlled substance and possession of drug paraphernalia, a defendant is entitled to a Chicone instruction, whether or not the defense presents evidence on the issue.

Appellate Information

• Decided 02/28/2002
• Published 02/28/2002

Judges

• QUINCE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, and Ann Pfeiffer Howe, Assistant Attorney General, Tampa, FL, for Petitioner.


• For Appellees:
  
• James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Respondent.