LARRY RUSSELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LARRY RUSSELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
858 So. 2d 356
Florida District Court of Appeal, First District (2003)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the convictions of Larry Russell and reject his claim that the trial court fundamentally erred by giving the standard jury instruction regarding the inference that arises from proof of possession of recently stolen property, on the grounds that the instruction created an impermissible mandatory presumption and constituted an improper comment on the evidence. See Walker v. State, 853 So. 2d 498 (Fla. 1st DCA 2003); Currington v. State, 711 So. 2d 218 (Fla. 5th DCA 1998). Russell waived certification of the question from Walker by failing to object below. Wright v. State, 789 So. 2d 1246 (Fla. 1st DCA 2001), review denied, 816 So. 2d 131 (Fla.2002).
AFFIRMED.
ERVIN, BOOTH and KAHN, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Corde Curry v. State, 889 So. 2d 221 (Fla. 1st DCA 2004)…d its discretion in admitting collateral crime evidence. We affirm as to the first issue because the argument made on appeal was not presented to the trial court, see, e.g., Citrrington v. State, 711 So. 2d 218 (Fla. 5th DCA 1998); Russell v. State, 858 So. 2d 356 (Fla. 1st DCA 2003) (citing Currington); and as to the second issue because we conclude the trial court did not abuse its discretion. AFFIRMED. BARFIELD, WEBSTER and BROWNING, JJ., concur.…
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Owens v. State, 991 So. 2d 1029 (Fla. 1st DCA 2008)…PER CURIAM. AFFIRMED. See Russell v. State, 858 So. 2d 356 (Fla. 1st DCA 2003); Curring- [*1030] ton v. State, 111 So. 2d 218 (Fla. 5th DCA 1998). ALLEN, DAVIS, and BENTON, JJ., concur.…
Authorities Cited
- Walker v. State, 853 So. 2d 498 (Fla. 1st DCA 2003)
- Currington v. State, 711 So. 2d 218 (Fla. 5th DCA 1998)
- Louie T. Wright v. State, 789 So. 2d 1246 (Fla. 1st DCA 2001)