SMITH v. STATE

No. 77-435.

358 So.2d 1137 (1978)

Anthony SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 16, 1978.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Warren S. Schwartz, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., for appellee.

Before KEHOE, J. and BOYD, JOSEPH A., Jr., Associate Judge and CHARLES CARROLL (Ret.), Associate Judge.


KEHOE, Judge.

Appellant, defendant below, brings this appeal from a judgment of conviction and sentence entered pursuant to a jury verdict for attempted robbery and unlawful possession of a firearm while engaged in a criminal offense. For the reasons set forth below we reverse.

Appellant, in one of his two points on appeal, contends that when the prosecutor, during his opening statement to the jury, made the following comment, it violated Section 918.09, Florida...

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