Shedd v. State

Appellant, Daniel Shedd, appeals his convictions for possession of marijuana (less than twenty grams), possession of alprazolam, and possession of hydrocodone following a jury trial. We reverse the possession of alprazolam and possession of hydrocodone convictions because the trial court’s failure to charge the jury on a “prescription defense” constitutes fundamental error and establishes ineffective assistance of counsel on the face of the record. We affirm Appellant’s possession of marijuana conviction.

By way of background, Appellant was pulled over by Florida Highway Patrol (“FHP”)…