(Download) "Chicone V. State" by Supreme Court of Florida " Book PDF Kindle ePub Free

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eBook details

Title: Chicone V. State
Author : Supreme Court of Florida
Release Date : January 24, 1996
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

We have for review Chicone v. State, 658 So.2d 1007 (Fla. 5th DCA 1994). We accepted jurisdiction based upon conflict with numerous decisions, including: Skelton v. State, 609 So.2d 716, 717 (Fla. 2d DCA 1992); Moffatt v. State, 583 So.2d 779, 781 (Fla. 1st DCA 1991); Kuhn v. State, 439 So.2d 291, 293 (Fla. 3d DCA 1983); Brown v. State, 428 So.2d 250, 252 (Fla.), cert. denied, 463 U.S. 1209, 103 S.Ct. 3541, 77 L.Ed.2d 1391 (1983); and Wale v. State, 397 So.2d 738, 739 (Fla. 4th DCA 1981). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We hold that guilty knowledge is an element of possession of a controlled substance under section 893.13(1)(f), Florida Statutes (1991), and possession of drug paraphernalia under section 893.147(1), Florida Statutes (1995). However, we find that the State was not required to allege guilty knowledge in the information charging petitioner.