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MACIAS v. STATE

No. 83-447.

447 So.2d 1020 (1984)

Lazaro MACIAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 3, 1984.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and May L. Cain, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Penny H. Brill, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.

PER CURIAM.

The action of the prosecutor in questioning whether the murder victim had ever seen his posthumously born child was an extremely improper appeal to the sympathy of the jury. Edwards v. State, 428 So.2d 357 (Fla. 3d DCA 1983); Gomez v. State, 415 So.2d 822 (Fla. 3d DCA 1982); Harper v. State, 411 So.2d 235 (Fla. 3d DCA 1982)....

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