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POWELL v. STATE

No. 1D03-4906.

879 So.2d 645 (2004)

Phillip POWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 24, 2004.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for appellant.

Charlie Crist, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

We affirm Powell's conviction but certify to the Supreme Court of Florida as a matter of great public importance the following question:

IS THE FLORIDA STANDARD JURY INSTRUCTION OF "POSSESSION OF PROPERTY RECENTLY STOLEN" AN IMPERMISSIBLE COMMENT ON THE EVIDENCE?

See Walker v. State, 853 So.2d 498 (Fla. 1st DCA 2003), rev. granted, 864 So.2d 401 (Fla.2004).

AFFIRMED.

WOLF...

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