KENT v. STATE

No. 85-55.

479 So.2d 866 (1985)

Willie Jerome KENT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 19, 1985.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and David B. Russell, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.


UPCHURCH, Judge.

Willie J. Kent appeals from convictions for petit theft and escape. He contends the trial court erred both in excluding his testimony on his defense of necessity and in denying his motion for a mistrial after an allegedly improper prosecutorial comment. We agree with Kent that the testimony was improperly excluded, but affirm the denial of the motion for mistrial.

Kent was arrested for shoplifting two pairs of earrings. A store security guard...

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