District Court of Appeal of Florida October 21, 2009, 3D07-2627 (Mathis v. State)

SCHWARTZ, Senior Judge.

The conviction on appeal for possession with intent to sell cocaine within 1000 feet of a child care facility, as found by the jury, may not stand because the court fundamentally erred in omitting that part of the standard jury instruction which concerned the necessity that any possession be “with the intent to sell” the contraband. § 893.13(l)(c)(l), Fla. Stat. (2006).