Legal Opinion

Leaks v. State

District Court of Appeal of Florida

Decided August 26, 1998No. 97-01620PublishedCited by 5 opinions

1Per curiam

Patrick Leaks was convicted of possession of cocaine, a third-degree felony,1 and obstructing or opposing an officer without violence, a misdemeanor. On appeal, Leaks argues that the trial court committed reversible error by refusing his request to instruct the jury that the State had to prove Leaks knew the substance he possessed was cocaine. Given the facts of this case, we conclude the trial court’s denial of the requested instruction is harmless error and, therefore, affirm.

Leaks requested the following jury instruction: “Before you can find Patrick Leaks guilty of possession of cocaine,…

2Cases cited5 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Chicone v. StateSupreme Court of Florida · 1996
  3. Frank v. StateDistrict Court of Appeal of Florida · 1967
  4. Oliver v. StateDistrict Court of Appeal of Florida · 1998
  5. Jenkins v. StateDistrict Court of Appeal of Florida · 1997

3Cited by5 opinions

  1. Norman v. StateDistrict Court of Appeal of Florida · 2002
  2. Scott v. StateDistrict Court of Appeal of Florida · 1998
  3. Lambert v. StateDistrict Court of Appeal of Florida · 1999
  4. Gary v. StateDistrict Court of Appeal of Florida · 2002
  5. Washington v. StateDistrict Court of Appeal of Florida · 1999

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