WARD v. STATE

No. 4D08-4220.

40 So.3d 854 (2010)

Jawara WARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 14, 2010.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


CIKLIN, J.

The instant appeal requires us to determine if the trial court erred in giving a jury instruction regarding an inference to be drawn by the possession of recently stolen property. Because the victim could not positively identify the defendant as one of the two assailants at the scene of the alleged crime and because the stolen property was never found in the defendant's possession, the proper factual basis to support the instruction on inference of knowledge...

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