Delva v. State

Appellant requests reversal of his conviction for trafficking in cocaine, urging that a jury instruction given without objection constituted fundamental error. We reverse.

Appellant was stopped for running a red light and arrested for driving with a suspended license. An inventory search of his vehicle turned up one kilogram of cocaine. Appellant’s wallet contained a cocaine pricing list. The thrust of the defense was that appellant co-owned the vehicle with another person; that others had had access to the vehicle on the day in question; and that the state had failed to demonstrate…