LARRY RUSSELL v. STATE OF FLORIDA
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LARRY RUSSELL, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D02-4793 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed October 30, 2003. An appeal from the Circuit Court for Duval County. Henry E. Davis, Judge. Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant. Charles J. Crist, Jr., Attorney General, and James W. Rogers, Assistant Attorney General, for Appellee. PER CURIAM. We affirm the convictions of Larry Russell and reject his claim that the trial court fundamentally erred by giving the standard jury instruction regarding the inference that arises from proof of possession of recently stolen property, on the grounds that the instruction created an impermissible mandatory presumption and constituted an improper comment on the evidence. See Walker v. State, 853 So. 2d 498 (Fla. 1st DCA 2003); Currington v. State, 711 So. 2d 218 (Fla. 5th DCA 1998). Russell waived certification of the question from Walker by failing to object below. Wright v. State, 789 So. 2d 1246 (Fla. 1st DCA 2001), review denied, 816 So. 2d 131 (Fla. 2002). AFFIRMED. ERVIN, BOOTH and KAHN, JJ., CONCUR.
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