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RUSSELL v. STATE

No. 82-1530.

445 So.2d 1091 (1984)

Raymond R. RUSSELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 28, 1984.

Attorney(s) appearing for the Case

William Kuypers, Key West, for appellant.

Jim Smith, Atty. Gen., and Jack B. Ludin, Asst. Atty. Gen., for appellee.

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

PER CURIAM.

Raymond Russell appeals from a conviction and sentence for the crime of aggravated battery. He alleges as error the denial of a defense motion for mistrial which was predicated upon the following question and answer during the state's case in chief:

Q Would you tell me what this photo album looks like? Describe it for the jury. A Big photo album like a photo album except you have photographs of people that we've arrested in the past...

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