Howard v. State

NIMMONS, Judge.

The sole issue on appeal is whether the trial court reversibly erred in refusing to instruct the jury that the state must prove, in a prosecution of the defendant for possession of contraband in a state correctional institution under Section 944.47, Florida Statutes, that the defendant had knowledge of such possession. We reverse.

The defendant, an inmate of the Union Correctional Institution, testified that when he was coming out from the visiting park, another inmate asked that he bring some cigarettes in for him. The inmate gave the defendant a bag which the defendant says he…