Simmons v. State
Simmons v. State
Opinion of the Court
Whether or not we agree with the opinion in Walker v. State, 853 So.2d 498 (Fla. 1st DCA 2003), review granted, 864 So.2d 401 (Fla. 2004), that the standard jury instruction concerning the effect of a defendant’s possession of recently stolen property may constitute a comment on the evidence, see Fenelon v. State, 594 So.2d 292 (Fla. 1992), we do not have occasion in this case either directly to so indicate, or, as in Walker, to certify the issue to the supreme court. This is because, although the defendant objected to the instruction below, his counsel did not raise the ground for that objection which is presently asserted.
Affirmed.
. The objection which was raised was without merit and is not pressed on appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.