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WILHELM v. STATE

No. 74345.

568 So.2d 1 (1990)

Michael J. WILHELM, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied November 9, 1990.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for petitioner.

Robert A. Butterworth, Atty. Gen., and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for respondent.

EHRLICH, Justice.

We have for review Wilhelm v. State, 544 So.2d 1144, 1146 (Fla.2d DCA 1989), which certified the following as a question of great public importance:

DOES THE JURY INSTRUCTION BASED ON THE STATUTORY PRESUMPTION CONTAINED IN SECTION 316.1934(2)(c), FLORIDA STATUTES (1986), CREATE AN UNCONSTITUTIONAL MANDATORY REBUTTABLE PRESUMPTION?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const...

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