Williams v. State

Kellie Williams appeals a judgment and sentence 1 for possession of clonazepam. 2 Williams contends that the trial court erred in failing to instruct the jury on her “prescription defense.” We agree.

A defendant is entitled to have the jury instructed on the law applicable to his or her theory of defense where there is any evidence introduced at trial which supports that defense. Arthur v. State, 717 So.2d 193, 194 (Fla. 5th DCA 1998). Here, Williams presented evidence that she was in temporary possession of the clonazepam at the request of the prescription holder. (The prescription holder…