Horchak v. State

The defendant appeals his conviction and sentence for trafficking 200 to 400 grams of cocaine and two misdemeanor offenses. He argues the trial court’s instruction on willful blindness violated his right to a fair trial and due process, and the trial court erred in denying his motion for judgment of acquittal. We find merit in his argument concerning the willful blindness instruction and reverse.

The facts are detailed in the co-defendant’s case, Dix v. State, 196 So.3d 547 (Fla. 4th DCA 2016). In short, law enforcement had been surveilling the residence of a target who was under…