Anthony Bernard Brown v. State of Florida

On direct appeal, Anthony Bernard Brown argues for reversal of his conviction for violating section 951.22(1), Florida Statutes (2012), which forbids introducing contraband into, as well as simply possessing contraband on the grounds of, a county detention facility. Properly construed, the statute requires mens rea as an element of the offense. 1 Accordingly, although evidence sufficient to prove the offense was adduced, jury instructions allowing conviction without proof of scienter constituted fundamental error, and require reversal and remand for a new trial.

Violation of section 951.22,…