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CAPALDO v. STATE

No. 86390.

679 So.2d 717 (1996)

Thomas V. CAPALDO, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied September 6, 1996.

Attorney(s) appearing for the Case

John W. Tanner of John W. Tanner, P.A., Daytona Beach, for Petitioner.

Robert A. Butterworth, Attorney General; Georgina Jimenez-Orosa, Senior Assistant Attorney General, and Michelle A. Konig, Assistant Attorney General, West Palm Beach, for Respondent.

HARDING, Justice.

We have for review Capaldo v. State, 654 So.2d 1207, 1209 (Fla. 5th DCA 1995), in which the Fifth District Court of Appeal certified the following question to be of great public importance:

IS IT NECESSARY TO PROVE THE EXISTENCE OF STOLEN PROPERTY IN ORDER TO CONVICT UNDER SECTION 812.019(1), FLORIDA STATUTES (1993)?

We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida...

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