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861 So. 2d 109

Bullard v. State

District Court of Appeal of Florida

Decided December 24, 2003

District Court of Appeal of Florida · decided 2003-12-24

Relies on 853 So. 2d 498 - Walker v. State

Decided 2003-12-24

PER CURIAM.

¶1We affirm Bullard’s conviction but certify to the Supreme Court of Florida as a matter of great public importance the following question:

IS THE FLORIDA STANDARD JURY INSTRUCTION ON “POSSESSION OF PROPERTY RECENTLY STOLEN” AN IMPERMISSIBLE COMMENT ON THE EVIDENCE?

¶2See Walker v. State, 853 So.2d 498 (Fla. 1st DCA 2003).

¶3We reverse the order denying Bullard’s motion to withdraw plea and remand for appointment of conflict-free counsel and a new hearing. Bullard v. State, 28 Fla. L. Weekly D2018 (Fla. 1st DCA Aug.26, 2003).

¶4AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.

BARFIELD, ALLEN and DAVIS, JJ., concur.
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