Ex Parte Washington

818 So.2d 424 (2001)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was convicted and appealed. D argues that the trial court erred in refusing to instruct the jury that, under § 13A-12-231(2), Ala. Code 1975, the State (P) must prove that D knew that the quantity of cocaine he possessed exceeded 28 grams. Section 13A-12-231(2) provides '(2) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine or of any mixture containing cocaine, described in Section 20-2-25(1), is guilty of a felony, which felony shall be known as 'trafficking in cocaine.''