DIXON v. STATE

No. 82-1205.

430 So.2d 949 (1983)

Julius Horace DIXON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 25, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Entin, Schwartz, Dion & Scalfani, North Miami Beach, and Spencer Levine, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Scott A. Silver and Diane Leeds, Asst. Attys. Gen., for appellee.

Before HENDRY, HUBBART and NESBITT, JJ.


NESBITT, Judge.

The defendant appeals his conviction for trespass of a structure occupied by a human being. We reverse and remand for a new trial.

The defendant first argues that the prosecutor's statement, "I submit to you if these police officers had anything to say about the innocence of the defendant they could have and would have been called by the defendant," in response to the defense's comment on the state's lack of evidence, was impermissible. Because...

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