Burson v. State

VILLANTI, Judge.

Marcus Lee Burson appeals his conviction and sentence for one count of trafficking in oxycodone, arguing that he is entitled to a new trial because the jury was improperly instructed on theories of guilt not charged in the information. We agree, and we reverse Burson’s conviction and sentence and remand for a new trial.

The evidence at trial showed that Bur-son was contacted by a confidential informant, one John Vahn, who asked whether Burson could supply him with a quantity of oxycodone. Burson allegedly agreed and arranged to meet Vahn at the Gulf Coast Pharmacy.

Vahn went to…