McCoy v. State

Appellant challenges her conviction and sentence for trafficking in hydrocodone, raising three issues regarding the “prescription defense.” We affirm the trial court’s denial of the motion for judgment of acquittal but reverse the conviction because the failure to instruct the jury on the “prescription defense” constituted fundamental error under the circumstances of this case.

Appellant was arrested and charged with trafficking in hydrocodone based on her actual possession of a pill bottle, labeled as belonging to her husband, which contained Lorcet tablets. Appellant proceeded on the sole…