Walters v. State

YOUNG, ROBERT A., Associate Judge.

The appellant was charged with possession of cocaine and possession of paraphernalia. He was tried by a jury and found guilty. On appeal he contends that he was denied a fair trial because the trial court acceded to the prosecutor’s request, over defense counsel’s objection, to modify the standard jury instruction on the elements of possession. We agree and reverse.

At trial the appellant’s theory of defense was that he was unaware that his ear contained cocaine as residue on paraphernalia found in it. He explained this ignorance by saying that his car was…