Glasgow v. State

The defendant appeals from his conviction for possession of cocaine. His point on appeal concerns the trial court’s failure to give a special jury instruction as to the defendant’s knowledge of the illicit nature of the substance he possessed.

The defendant’s offense, as alleged in the information, occurred on March 7, 2002, prior to the legislature’s enactment (effective May 13, 2002) of section 893.101, Florida Statutes, which now requires an accused to raise, as an affirmative defense, his or her lack of knowledge of the illicit nature of the controlled substance possessed. See Chapter…