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State Courts -
Florida - February 3, 2006
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Hernandez v. State, Case No. 5D04-2467,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 3, 2006, Opinion Filed
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Overview: Since defendant challenged whether all of the substance introduced at trial was actually cannabis, and the jury instruction did not require a finding of the amount of cannabis, the instruction as to the essential elements of Fla. Stat. §§ 777.04(3), 893.03(1)(c)(7) and 893.135(1)(a), and, thus, constituted fundamental error.
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