Florida District Courts of Appeal, 1991

Fundora v. State

Fundora v. State
Florida District Courts of Appeal · Decided February 12, 1991 · Barkdull, Gersten, Schwartz
573 So. 2d 454; 1991 Fla. App. LEXIS 990; 1991 WL 15596 (Southern Reporter, Second Series)

Fundora v. State

Opinion of the Court

ON CONFESSION OF ERROR

PER CURIAM.

Upon consideration of the state’s confession of error and our review of the record, the defendant’s conviction for trafficking is reversed for a new trial because of the fundamental error involved in the trial court’s failure to instruct the jury on the material and disputed elements of intent and knowledge. See State v. Dominguez, 509 So.2d 917 (Fla. 1987); Williams v. State, 400 So.2d 542 (Fla. 3d DCA 1981), cert. denied, 459 U.S. 1149, 103 S.Ct. 793, 74 L.Ed.2d 998 (1983).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.