SIMS v. STATE

No. 77-2050.

371 So.2d 211 (1979)

Alex SIMS, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 22, 1979.


Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before HENDRY, HUBBART and KEHOE, JJ.


KEHOE, Judge.

Appellant, defendant below, brings this appeal from a judgment of conviction and sentence entered by the trial court after a jury trial. Appellant was found guilty of third degree murder, two counts of aggravated assault, and unlawful possession of a firearm. We reverse.

Among the points raised on appeal is one which requires reversal. This point is stated by appellant as follows:

"The court erred in denying defendant's motion for mistrial...

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