ROBERTS v. STATE

No. 82-1619.

443 So.2d 192 (1983)

Andrew ROBERTS, a/k/a Andres Smith, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 13, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Robin H. Greene, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before HENDRY, BARKDULL and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

The defendant's conviction for burglary of a structure is reversed and the cause remanded for a new trial upon a holding that the prosecutor's comment in his opening statement to the jury, namely, "... but there is one piece of evidence that will be presented that he will not be able to explain and that will be the evidence that links that defendant to the crime as charged," was, without doubt, fairly susceptible of being interpreted by the...

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