FERNANDEZ v. STATE

No. 82-453.

427 So.2d 265 (1983)

Fernando FERNANDEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 16, 1983.


Attorney(s) appearing for the Case

Geoffrey C. Fleck and Richard A. Sharpstein of Weiner, Robbins, Tunkey & Ross, P.A., Miami, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Theda James Davis, Asst. Atty. Gen., Tampa, for appellee.


SCHOONOVER, Judge.

The defendant/appellant, Fernando Fernandez, appeals from the judgment and sentence whereby he was found guilty by a jury of trafficking in cannabis in an amount in excess of 10,000 pounds. The appellant contends that the trial court erred in denying his motion for a mistrial based upon comments made by the prosecution in closing argument. We agree and reverse.

At the trial, the defendant did not testify and presented no evidence in his...

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