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879 So. 2d 645

Powell v. State

District Court of Appeal of Florida · decided 2004-06-24

Relies on 864 So. 2d 395 - Madden v. State · 853 So. 2d 498 - Walker v. State

Decided 2004-06-24

PER CURIAM.

¶1We affirm Powell’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 OF “POSSESSION OF PROPERTY RECENTLY STOLEN” AN IMPERMISSIBLE COMMENT ON THE EVIDENCE?

¶2See Walker v. State, 853 So.2d 498 (Fla. 1st DCA 2003), rev. granted, 864 So.2d 401 (Fla.2004).

¶3AFFIRMED.

WOLF, C.J., and BROWNING, J., Concur; HAWKE S, J., Concurs with Opinion.
HAWKES, J.

¶4I concur in the result, but would not certify a question.

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