STATE v. HOWE

No. 82-858.

432 So.2d 795 (1983)

STATE of Florida, Appellant, v. James Michael HOWE, Appellee.

District Court of Appeal of Florida, Fourth District.

June 15, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.


LETTS, Chief Judge.

The defendant's trial resulted in a mistrial because of a comment by the state attorney in closing argument. The State filed an amended information, and the defendant responded with a motion to dismiss based on double jeopardy, which the trial court granted. We reverse.

Referring to the defense counsel's comment that the State did not call certain witnesses, the state attorney responded, "Ladies and Gentlemen, I submit to you that both...

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