Florida District Courts of Appeal, 2002

Banaszek v. State

Banaszek v. State
Florida District Courts of Appeal · Decided June 5, 2002 · Blue, Covington, Green
821 So. 2d 332; 2002 Fla. App. LEXIS 8433; 2002 WL 1307477 (Southern Reporter, Second Series)

Banaszek v. State

Opinion of the Court

BLUE, Chief Judge.

Kenneth Banaszek appeals his convictions for first-degree murder and two counts of possession of a controlled substance. Finding no error in the issues regarding the murder conviction, we affirm it without discussion. We reverse the convictions for possession of a controlled substance and remand for a new trial.

At trial, Mr. Banaszek requested that the jury be given an instruction to determine whether he knew that the drugs were controlled substances, citing Chicone v. State, 684 So.2d 736 (Fla. 1996). His request was denied. Subsequent to his conviction, the Florida Supreme Court held that the failure to give a properly requested Chicone instruction cannot be harmless error. Scott v. State, 808 So.2d 166 (Fla. 2002). Accordingly, the possession convictions, for which Mr. Banaszek was sentenced to time served, must be reversed and remanded for a new trial.

Affirmed in part, reversed in part, and remanded for a new trial.

GREEN and COVINGTON, JJā€ž Concur.

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