Quick v. State

The issue presented in this appeal is whether the trial court erred in denying appellant’s request for a jury instruction on the affirmative defense of lack of knowledge that the substance he possessed was cocaine. We reverse appellant’s conviction for possession of cocaine and remand for a new trial.

Appellant was arrested when a Broward County Sheriff’s deputy witnessed appellant drinking a beer in a gas station parking lot in violation of a local ordinance. After reading appellant his Miranda 1 rights, appellant was frisked by consent. The deputy found a glass tube containing a black…