DOMINGUEZ v. STATE

No. 85-1366.

492 So.2d 1187 (1986)

Antonio DOMINGUEZ, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 21, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.


UPCHURCH, Chief Judge.

Antonio Dominguez, Jr., appeals a judgment and sentence for trafficking in cocaine. Dominguez argues that the trial court failed to adequately instruct the jury on an essential element of the crime. We agree and reverse.

Dominguez was charged with trafficking in cocaine, a violation of section 893.135(1)(b), Florida Statutes (1985). This section provides as follows:

Any person who knowingly sells, manufactures, delivers, or...

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