(DOWNLOAD) "Griffis v. State" by Florida Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Griffis v. State
- Author : Florida Supreme Court
- Release Date : January 18, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Roderick Norman appeals his conviction for sale or delivery of cocaine, contending that he was entitled to a jury instruction the trial court refused to give, which would have required the jury to find, in order to convict, that he knew that the substance that changed hands was cocaine. The state argues that a statute enacted after the offense allegedly occurred, governs the outcome of the appeal, and precludes reversal otherwise concededly required by our supreme courts recent decision in McMillon v. State, 813 So. 2d 56 (Fla. 2002). We reject this contention as repugnant to article X, section 9, of the Florida Constitution, which prohibits retroactive application of statutes in criminal proceedings in these words: "Repeal or amendment of a criminal statute shall not affect prosecution or punishment for any crime previously committed." Accordingly, we reverse and remand for a new trial before a jury instructed in the manner the supreme court required in McMillon v. State, 813 So. 2d 56, 58 (Fla. 2002).