Rogers v. State

CASANUEVA, Judge.

John Henry Rogers appeals his conviction for possession of cocaine.1 During his jury trial, he requested an instruction based on Chicone v. State, 684 So.2d 736 (Fla.1996), that guilty knowledge is an essential element of the crime of possession of cocaine. Mr. Rogers correctly asserts that the trial court’s denial of the requested instruction was error. Accordingly, we reverse.

Following a lawful search incident to arrest, a law enforcement officer discovered a used stainless steel crack pipe in Mr. Rogers’s pocket. At trial the State presented evidence that Mr. Rogers stated…