ATKINSON v. STATE

No. 78-1754.

378 So.2d 324 (1980)

Daniel C. ATKINSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 8, 1980.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert A. Rosenblatt, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Steven L. Bolotin, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and HENDRY and SCHWARTZ, JJ.


PER CURIAM.

Defendant-Appellant, Daniel C. Atkinson, was informed against for (1) burglary, (2) sexual battery, (3) battery, (4) witness tampering, and (5) burglary. He was tried by a jury and found not guilty as to counts 2 and 3 and guilty of battery (as to count 1) and trespass (as a lesser included offense of count 5). Count 4 was dismissed.

On appeal Atkinson urges as reversible error the denial of his motion for mistrial on the ground that the prosecutor...

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