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STATE v. FRANKLIN

No. 79146.

618 So.2d 171 (1993)

STATE of Florida, Petitioner, v. Roosevelt FRANKLIN, Respondent.

Supreme Court of Florida.

Rehearing Denied June 1, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Asst. Atty. Gen., Charles T. Faircloth, Jr. and Charlie McCoy, Asst. Attys. Gen., Tallahassee, for petitioner.

Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for respondent.

KOGAN, Judge.

We review Franklin v. State, 590 So.2d 476 (Fla. 1st DCA 1991), to answer a certified question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

At the close of Franklin's trial, the jury was instructed on two inferences of guilt: (1) the inference from stealthy entry, and (2) the inference from possession of recently stolen property. After deliberations began, the...

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