Florida District Courts of Appeal, 2004

Powell v. State

Florida District Courts of Appeal · Decided June 24, 2004 · Browning, Hawke, Hawkes, Wolf

879 So. 2d 645; 2004 Fla. App. LEXIS 8870; 2004 WL 1401389 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

We 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?

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

AFFIRMED.

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

HAWKES, J.

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

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