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Delivery of cannabis within 1000 feet of school, Jury Instruction

Posted by John P. Rutkowski | Oct 30, 2019 | 0 Comments

Delivery of cannabis within 1000 feet of school -- Jury instructions -- Where the state charged defendant with delivery or attempted delivery of cannabis, trial court erred by instructing jury that it could convict defendant if it found that he “sold, delivered, or possessed with intent to sell or deliver” cannabis. The error was fundamental where instruction included an uncharged theory of the offense, state argued in favor of, and presented evidence on, the uncharged theory, and jury returned a general verdict of Guilty. The error is fundamental requiring a New Trial.

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About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.


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