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PEREZ v. STATE

Nos. 82-1501, 83-530.

434 So.2d 347 (1983)

Leonides PEREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 19, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Diane Leeds, Asst. Atty. Gen., for appellee.

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

PER CURIAM.

We reverse the judgment of conviction under review and remand the cause for a new trial upon a holding that where, as here, the crime of unlawfully discharging a firearm was in all respects immaterial to any issue being tried, the prosecutor's questioning of the defendant over the defendant's timely objection, i.e., "Now, you know that it's unlawful to discharge a firearm, isn't it?" was an impermissible attack...

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