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443 So. 2d 500

Henderson v. State

District Court of Appeal of Florida

Decided January 17, 1984

District Court of Appeal of Florida · decided 1984-01-17

Relies on State v. Young · Smith v. State

Decided 1984-01-17

WIGGINTON, Judge.

¶1Appellant appeals his conviction, after trial by jury, of grand theft, raising six points for review. We affirm.

¶2Appellant challenges the trial judge’s reading to the jury of Florida Standard Jury Instruction, Criminal Cases, 2.07, concerning appellant’s unexplained possession of recently stolen property. Appellant contends that Instruction 2.07 violates his Fifth Amendment right to remain silent. This issue has been raised and resolved contrary to appellant’s position in Smith v. State, 394 So.2d 407 (Fla.1981) and State v. Young, 217 So.2d 567 (Fla.1968).

¶3We have considered appellant's remaining points and also find them to be without merit.

¶4AFFIRMED.

LARRY G. SMITH and NIMMONS, JJ., concur.
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