HOLCOMB v. STATE

No. 4D05-3669.

946 So.2d 633 (2007)

Tommy HOLCOMB, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 17, 2007.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tom Wm. Odom, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was convicted on several charges of burglary and grand theft. He argues that the court erred in instructing the jury on the inference which can be drawn from the possession of recently stolen property, in regard to an item which was in the bed of the pickup truck he was driving. We reject his argument that it is only actual possession, and not constructive possession, which warrants the instruction.

Appellant was the driver of a pickup...

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