JAMES BULLARD v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES BULLARD, Appellant, v. NOT FINAL UNTIL TIME EXPIRES T O FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D02-3184 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed December 24, 2003. An appeal from the Circuit Court for Duval County. Judge Michael R. Weatherby. Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant. Charles J. Crist, Jr., Attorney General, and Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. We affirm Bullard 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 ON POSSESSION OF PROPERTY RECENTLY STOLEN AN IMPERMISSIBLE COMMENT ON THE EVIDENCE? See Walker v. State, 853 So. 2d 498 (Fla. 1st DCA 2003). We reverse the order denying Bullard s motion to withdraw plea and remand for appointment of conflict-free counsel and a new hearing. Bullard v. State, 28 Fla. L. Weekly D2018 (Fla. 1st DCA Aug. 26, 2003). AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings. BARFIELD, ALLEN and DAVIS, JJ., CONCUR. 2

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