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SMITH v. STATE

No. 58607.

394 So.2d 407 (1980)

Johnny Lee SMITH, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

As Revised on Denial of Rehearing March 17, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jon May, Asst. Public Defender, West Palm Beach, for petitioner.

Jim Smith, Atty. Gen., and Phillip D. Havens, Asst. Atty. Gen., Daytona Beach, for respondent.

OVERTON, Justice.

This is a petition for certiorari to review the Fifth District Court of Appeal's decision reported as Smith v. State, 378 So.2d 313 (Fla. 5th DCA 1980), where the court approved Florida Standard Jury Instruction, Criminal Cases, 2.07, concerning petitioner's unexplained possession of recently stolen property. The District Court of Appeal determined that its holding was in accordance with this Court's decision...

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