Florida District Courts of Appeal, 2003

McDowell v. State

McDowell v. State
Florida District Courts of Appeal · Decided December 18, 2003 · Ervin, Padovano, Wolf
861 So. 2d 107; 2003 Fla. App. LEXIS 19240; 2003 WL 22964279 (Southern Reporter, Second Series)

McDowell v. State

Opinion of the Court

PER CURIAM.

We affirm, but, as in Walker v. State, 853 So.2d 498 (Fla. 1st DCA 2003), certify the following question to be one of great public importance:

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

AFFIRMED.

WOLF, C.J., ERVIN and PADOVANO, JJ., concur.

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