Ramirez v. State

After a jury trial, Andrew Ramirez was convicted of trafficking in hydroeodone and possession of cocaine with intent to sell. We reverse the trafficking conviction because the failure to charge the jury on a “prescription defense” constituted fundamental error in a case where a question from the jury should have highlighted the absence of the instruction for the trial court and defense attorney.

Armed with a search warrant, fifteen SWAT team members forcibly entered and secured a home owned by Ramirez’s mother where they found Ramirez and his girlfriend asleep in a bedroom. On a nightstand…