Day v. State

Appellant challenges his conviction and sentence for trafficking in hydrocodone. The sole issue presented on appeal is whether the trial court committed fundamental error in failing to give the “prescription defense” instruction to the jury. Because the failure to instruct the jury on the “prescription defense” under the circumstances of this case does not rise to the level of fundamental error, we affirm Appellant’s conviction and sentence.

Appellant was pulled over in March of 2011 for driving with a cracked windshield. During the traffic stop, a drug-detection dog alerted to the presence of…