Powell v. State

879 So. 2d 645, 2004 Fla. App. LEXIS 8870, 2004 WL 1401389

Procedural entryThis page is a short order in Powell v. State. Read the opinion of the Court — 912 So. 2d 698 →

District Court of Appeal of Florida·Decided June 24, 2004·No. No. 1D03-4906·Published

Opinions

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.

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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.

Powell v. State, 879 So. 2d 645, 2004 Fla. App. LEXIS 8870, 2004 WL 1401389 (Fla. Ct. App. 2004).

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879 So. 2d 645 (Powell v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

853 So. 2d 498 (District Court of Appeal of Florida, 2003)