In re Standard Jury Instructions in Criminal Cases-Instructions 25.9-25.13

I concur with the majority’s decision to adopt amendments to Standard Jury Instructions in Criminal Cases 25.9 through 24.13 — with the exception of the majority’s adoption of the instruction that states: “If you have a reasonable doubt on the question of whether defendant knew of the illicit nature of the controlled substancé, you should find defendant not guilty.” Majority op. at 1211. While Florida law is clear that the defendant must carry the burden of production regarding the affirmative defense of lack of knowledge of the illicit nature of a controlled substance, Florida law is not…