JOHN MCDOWELL v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOHN MCDOWELL, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D02-3124 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed December 18, 2003. An appeal from the Circuit Court for Duval County. W. Gregg McCaulie, Judge. Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant. Charles J. Crist, Jr., Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee. 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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