The 2024 Florida Statutes
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. . . The State argues that it is entitled to the inference set forth in section 812.022(2), Florida Statutes . . . Here, the State is not entitled to the inference set forth in section 812.022(2). . . . Therefore, the state could not rely on the inference of guilt set forth in section 812.022(2). Id. . . .
. . . Section 812.022(2) provides that "proof of possession of property recently stolen, unless satisfactorily . . . When the State's case is based entirely upon the statutory inference set forth in section 812.022(2), . . . receive the benefit of the statutory inference, the State must have established "pursuant to section 812.022 . . . the recently stolen property, it was error to rely on the statutory inference set forth in section 812.022 . . . In conclusion, the State was not entitled to the statutory inference set forth in section 812.022(2) . . .
. . . . § 812.022(1), Fla. Stat. . . . . § 812.022(2), Fla. Stat. . . . . § 812.022(3), Fla. Stat. . . . person buying or selling the property knew or should have known that the property had been stolen. § 812.022 . . . that the person buying or selling the property knew or should have known that it had been stolen. § 812.022 . . .
. . . circumstantial, the State relied upon the statutory inference of guilty knowledge provided by section 812.022 . . . knew the car he was driving was stolen, the State relied solely on the inference set forth in section 812.022 . . . The inference provided by section 812.022(2) is sufficient to support a theft conviction. . . . 3d DCA 1981), that where the State's case is based entirely upon the inference arising under section 812.022 . . . flea market rendered the state's case, which was based solely on the inference provided by Section 812.022 . . .
. . . The State’s case rested upon the inference in section 812.022, Florida Statutes (2015), that “proof of . . . See § 812.022(2). Because K.P. . . .
. . . Pursuant to section 812.022(2), Florida Statutes (2011), "proof of possession of prop- ' erty recently . . .
. . . See § 812.022(2), Fla. Stat. (2014). . . . person in possession of the property knew or should have known that the property had been stolen.” § 812.022 . . .
. . . This instruction tracks the language of section 812.022, Florida Statutes. The case of Jones v. . . .
. . . Section 812.022(3), Florida Statutes (2014), creates the statutory inference that the trial court used . . .
. . . . § 812.022(1), Fla. . . . . § 812.022(2), .Fla. Stat. . . . . § 812.022(3), Fla. Stat. . . . Give if applicable. § 812.022(2), Fla. Stat. . . . Give if applicable. § 812.022(2), Fla. . . .
. . . The trial court instructed the jury on the presumption provided for in section 812.022(2), Florida Statutes . . . it was the presumption provided for in Florida Standard Jury Instruction (Criminal) 14.2 and section 812.022 . . .
. . . Although this instruction was a correct statement of the law as set forth in section 812.022(3), Florida . . .
. . . This instruction is based on section 812.022(2), Florida Statutes (2006), which provides that “proof . . .
. . . .” § 812.022(2), Fla. Stat. (2012). . . .
. . . . § 812.022(2), Fla. Stat. . . . Give if applicable. § 812.022(3), Fla. Stat. . . . Give if applicable. § 812.022(h), Fla. Stat. . . . Give if applicable. § 812.022(5), Fla. Stat. . . . Give if applicable. § 812.022(6), Fla. Stat. . . .
. . . . § 812.022(2), Fla. Stat. . . . Give if applicable. § 812.022(3), Fla. Stat. . . . Give if applicable. § 812.022(4.), Fla. Stat. . . . Give if applicable. § 812.022(5), Fla. Stat. . . . Give if applicable. § 812.022(6), Fla. Stat. . . .
. . . See § 812.022(2), Fla. Stat. (2008); Fla. Std. Jury Insto. (Crim.) 14.1. . . .
. . . offered no evidence to support the charge that L.S. stole the firearm other than the provision of section 812.022 . . . Section 812.022(2), Florida Statutes (2011), provides: Except as provided in subsection (5), proof of . . . Our research has shown that in cases applying the section 812.022(2) presumption, the time between the . . .
. . . The State’s case against Yudin is entirely based on section 812.022(2), Florida Statutes (2009), which . . .
. . . . § 812.022(1), Fla. Stat. . . . . § 812.022(2), Fla. Stat. . . . . § 812.022(3), Fla. Stat. . . . . § 812.022(1), Fla. Stat. . . . . § 812.022(5), Fla. Stat. . . .
. . . See § 812.022(2), Fla. Stat. (2008). . . .
. . . Section 812.022(3), Florida Statutes (2009) provides, “Proof of the purchase or sale of stolen property . . .
. . . Consistent with subsection 812.022(2), Florida Statutes (2009), the trial court instructed the jury that . . .
. . . Section 812.022(2), Florida Statutes (2003), provides that “[p]roof of possession of property recently . . . Parks also claims that counsel failed to advise him about the “presumption” of section 812.022(2), and . . .
. . . Section 812.022(2), Florida Statutes (2008) provides that “proof of possession of property recently stolen . . .
. . . See § 812.022(2), Fla. Stat. (2009). . . .
. . . .” § 812.022(2), Fla. Stat. (2004). . . .
. . . See § 812.022(2), Fla. Stat. (2008). Affirmed. MAY and CIKLIN, JJ., concur. . . . .
. . . . § 812.022, Fla. Stat. (2008); J.J. v. State, 463 So.2d 1168 (Fla. 3d DCA 1984); P.N. v. . . .
. . . See § 812.022(2) and (3), Fla. Stat. (2007). Appellant pawned the items within hours of the theft. . . . Section 812.022(2) and (3) provide: (2) [P]roof of possession of property recently stolen, unless satisfactorily . . .
. . . . § 812.022(1), Fla. Stat. . . . . § 812.022(2), Fla. Stat. . . . . § 812.022(8), Fla. Stat. . . . . § 812.022(5), Fla. Stat. . . . . § 812.022(6), Fla. Stat. . . .
. . . The inference in section 812.022(2) does not apply under these circumstances. . . .
. . . jury the standard instruction on proof of possession of stolen property, which is based on section 812.022 . . . “To receive the benefit of the statutory inference, the State must establish, pursuant to section 812.022 . . . Section 812.022(2) provides in relevant part: "proof of possession of property recently stolen, unless . . .
. . . . § 812.022(2), Fla. Stat. . . . Give if applicable. § 812.022(3), Fla. Stat. . . . Give if applicable. § 812.022(1), Fla. Stat. . . . Give if applicable. § 812.022(5), Fla. Stat. . . . See § 812.022(6), Fla. Stat. (2006). . . .
. . . entirely”); and (2) a statutory presumption that the possessor knew the property had been stolen, see § 812.022 . . . guilt from unexplained possession of recently stolen goods also supports conviction for burglary”). . § 812.022 . . .
. . . Bronson Jr. contends that the State’s lack of evidence is not cured by the inference provided by section 812.022 . . . To receive the benefit of the statutory inference, the State must establish, pursuant to section 812.022 . . . Accordingly, the State was not entitled to add the section 812.022(2) statutory inference to its quantum . . .
. . . Inferences; give if applicable § 812.022(1), Fla. Stat. . . . Inferences; give if applicable § 812.022(2), Fla. Stat. . . .
. . . Inferences; give if applicable § 812.022(1), Fla. Stat. . . . Inferences; give if applicable § 812.022(2), Fla. Stat. . . .
. . . The state relied on section 812.022(2), Florida Statutes (2002), to establish that Kittles knew or should . . . 924 (Fla. 4th DCA), review denied, 889 So.2d 72 (Fla.2004), we described the operation of the section 812.022 . . . Graham, 238 So.2d 618 (Fla.1970), applied to the inference of guilty knowledge created by section 812.022 . . . A line of cases following the reasoning of Graham holds that a section 812.022(2) inference, without . . . relevant to show Kitties’s guilty knowledge concerning the stolen jewelry, in combination with the section 812.022 . . .
. . . Both jury instructions are derived from section 812.022(2), Florida Statutes (2002), which reads verbatim . . . The State counters by arguing that the basis for giving the instruction was section 812.022(2), not the . . . In Edwards, we held that section 812.022(2) was constitutional and did not violate a defendant’s right . . . The history of section 812.022(2) was discussed by the Fourth District in Jackson v. . . . See, e.g., § 812.022(1), Fla. . . .
. . . statutory element that Bertone knew or should have known the saws were stolen, the state relied on section 812.022 . . . Graham, 238 So.2d 618 (Fla.1970), applied to the inference of guilty knowledge created by section 812.022 . . . A line of cases following the reasoning of Graham holds that a section 812.022(2) inference, without . . . State, 492 So.2d 748, 750 (Fla. 2d DCA 1986), a case which holds that the section 812.022(2) inference . . . Patten is consistent with pr e-Graham, pre-section 812.022(2) cases. . . .
. . . Section 812.022(2), Florida Statutes (2002), provides that “[pjroof of possession of property recently . . . This court has previously examined the application of section 812.022(2) in Coleman v. . . . the defendant’s] explanation was unsatisfactory,” id., and that the inference arising under section 812.022 . . .
. . . that the state’s case rests wholly on circumstantial evidence and the inference of guilt under section 812.022 . . . Section 812.022(2) provides as follows: (2) Proof of possession of property recently stolen, unless satisfactorily . . . (Fla. 4th DCA 1999), “that where a conviction for theft was based on nothing more than the section 812.022 . . . flea market rendered the state’s case, which was based solely on the inference provided by Section 812.022 . . .
. . . special jury instruction on a presumption of guilt in dealing in stolen property, based on section 812.022 . . . IMPROPER PREDICATE Section 812.022(4) states that if the State proves that a dealer in property purchases . . . of such evidence, the First District held it was error to give a jury instruction based on section 812.022 . . . situation before us, we conclude that before a trial court may give an instruction based on section 812.022 . . . Thus, giving the requested special instruction tracking the language of section 812.022(4) in this instance . . .
. . . . § 812.022(1), Fla-Stat. . . . Inferences; give if applicable § 812.022(2), FlaStat. . . .
. . . Section 812.022(2) creates an evidentiary inference that “possession of property recently stolen, unless . . .
. . . . § 812.022(2), Fla. Stat.; T.S.R.; Scobee v. State, 488 So.2d 595 (Fla. 1st DCA 1986). . . . (Emphasis added) . § 812.022(2) provides: Proof of possession of property recently stolen, unless satisfactorily . . .
. . . Section 812.022(2) was enacted by the 1977 legislature as part of the overall revision of the criminal . . . Section 812.022(2) adopts the terminology of the common law rule. . . . Application of these rules of construction leads to the conclusion that section 812.022(2) should be . . . These cases hold that where a conviction for theft was based on nothing more than the section 812.022 . . . The section 812.022(2) inference does not extend to this charge. . . .
. . . Responding to this argument, the state relies on section 812.022(2), Florida Statutes, which provides . . . Fla. 4th DCA 1999), we held that in Chapter 812 theft and dealing in stolen property cases, section 812.022 . . . in the early morning, after a nighttime theft, is another facet of proof, in addition to the section 812.022 . . .
. . . Section 812.022(2), Florida Statutes (1997); Currington v. . . .
. . . See § 812.022(2), Fla. Stat. (1991). . . .
. . . Section 812.022(2), Florida Statutes (1997), the model for the proposed jury instruction, provides: Proof . . .
. . . (Crim.) 148; § 812.022(2), Fla. Stat (1995). . . .
. . . officers probable cause to believe that Ludwig had dealt in stolen property in violation of section 812.022 . . .
. . . In addition, section 812.022(2), Florida Statutes(1993), provides “[p]roof of possession of property . . .
. . . .” § 812.022(2), Fla. Stat. (1991); see Z.S. v. . . .
. . . . § 812.022(2), Fla. Stat. (1995); Horn v. State, 433 So.2d 670 (Fla. 4th DCA 1983). . . .
. . . Defendant next challenges the sufficiency of the evidence, and the state’s reb-anee on subsection 812.022 . . .
. . . , 381 So.2d 696 (Fla.1980), the supreme court considered whether the following provision of section 812.022 . . . and the fact presumed (the defendant knew the goods were stolen), the inference created by section 812.022 . . .
. . . Such evidence was admissible pursuant to section 812.022, Florida Statutes (1993). Affirmed. . . .
. . . .§ 812.022, Fla.Stat. (1991). . . .
. . . See section 812.022(2), Florida Statutes (1989). . . .
. . . Nevertheless, over the objection of defense counsel, pursuant to section 812.022(3), Florida Statutes . . .
. . . [Page A-56] Inferences; give if applicable F.S. 812.022(1) Proof that a person presented false identification . . . Inferences; give if applicable F.S. 812.022(2) Proof of possession of recently stolen property, unless . . .
. . . . § 812.022(2), Fla.Stat. (1989). . . .
. . . Section 812.022(2), Florida Statutes, provides that proof of possession of recently stolen property, . . .
. . . State, 407 So.2d 1000 (Fla. 5th DCA 1981); § 812.022(2), Fla.Stat. (1989). . . .
. . . Section 812.022(2), Florida Statutes (1985), provides: Proof of possession of property recently stolen . . .
. . . See also § 812.022(2), Fla.Stat. (1987). . . . .
. . . Section 812.022(3) Florida Statutes (1987). . . .
. . . Inferences; give if applicable P.S. 812.022(1) Proof that a person presented false identification not . . . Inferences; give if applicable F.S. 812.022(2) Proof of possession of recently stolen property, unless . . .
. . . Although Section 812.022, Florida Statutes (1987), permits the inference that a person in possession . . . statutory language relating to proof of possession of recently stolen property, as provided in section 812.022 . . .
. . . See § 812.022(2), Fla.Stat. (1985). . . .
. . . The state announced its intention to rely upon the presumption provided by section 812.022(2), Florida . . . Only after factual inquiry will the propriety of the application of section 812.022(2) to this case be . . .
. . . state’s case consisted of circumstantial evidence and a reliance upon the inference provided by section 812.022 . . . stolen items] rendered the state’s case, which was based solely on the inference provided by section 812.022 . . . property that he knows or should know was stolen shall be guilty of a felony of the second degree.... . 812.022 . . .
. . . Section 812.022(2), Florida Statutes (1985), provides: Proof of possession of property recently stolen . . .
. . . court’s giving of the following standard jury instruction on theft, an instruction taken from Section 812.022 . . . Section 812.022(2), Florida Statutes, supra. The latter was the charge given here. . . .
. . . See § 812.022(2), Fla.Stat. (1983). . . . See § 812.022(4), Fla.Stat. (1983). . . .
. . . Section 812.022(2), Florida Statutes (1983), provides that proof of possession of recently stolen property . . .
. . . See § 812.022(2), Fla.Stat. (1983) (statutory inference that a person proved to be in possession of recently . . .
. . . deny his motion for directed verdict of acquittal, especially in view of the presumption under section 812.022 . . . shown that the accused was in possession of recently stolen property and the presumption under section 812.022 . . .
. . . Section 812.022(2), Florida Statutes (1981), provides as follows: (2) Proof of possession of property . . . Sec. 812.022, Fla.Stat. (1979). Edwards v. State, 381 So.2d 696 (Fla.1980). . . .
. . . Wyo.1980), and thus raised the inference of guilty knowledge that the car was stolen created by sec. 812.022 . . .
. . . . § 812.022(2), Fla. Stat. (1983). . . .
. . . . § 812.022(2), Fla. Stat. (1981). . . .
. . . defendant and the reasonableness of his explanation for his possession of recently stolen property (§ 812.022 . . .
. . . Carroll, 404 So.2d 844 (Fla. 5th DCA 1981); § 812.022(2), Fla.Stat.(1983). . . .
. . . this one for theft, the state is aided by the statutory inference of guilty knowledge supplied by Sec. 812.022 . . . Section 812.022(2), Florida Statutes (1983) provides: Proof of possession of property recently stolen . . .
. . . . § 812.022(3), Fla.Stat. . . .
. . . Section 812.022(2), Florida Statutes (1981). . . .
. . . . § 812.022, Florida Statutes. . . .
. . . . § 812.022, Fla.Stat. (1981). . . .