Badgett v. State

Patrick M. Badgett, Senior, appeals the judgment and sentence imposed for Count I, trafficking in illegal drugs in violation of section 893.135(l)(c)l., Florida Statutes (2010), and Count VI, possession of methadone in violation of section 893.13(6)(a), Florida Statutes (2010). Pursuant to the State’s appropriate concession of error in the failure of the trial court to instruct the jury on Badgett’s “prescription defense,” *321we reverse and remand for a new trial.1 Williams v. State, 85 So.3d 1185, 1186 (Fla. 5th DCA 2012) (reversing for new trial where trial court was of the mistaken apparent…