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MORGAN v. STATE

No. 83-45.

464 So.2d 1306 (1985)

J.P. MORGAN, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Motions for Rehearing and Clarification Denied March 29, 1985.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Richard B. Greene, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., for appellee.

BARKETT, Judge.

This appeal results from prosecutorial misconduct during closing argument which appellant suggests warrants reversal of his conviction for second degree murder and aggravated battery. Both parties agree that this issue must be reviewed under the fundamental error standard in view of defense counsel's failure to object at trial. See Clark v. State, 363 So.2d 331, 333 (Fla. 1978). The State does not contest...

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