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GRISSOM v. STATE

No. 84-434.

469 So.2d 151 (1985)

Ernest GRISSOM, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 26, 1985.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Rory S. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and NESBITT, JJ.

NESBITT, Judge.

The defendant appeals his conviction for battery. We reverse.

During cross-examination at trial, defense counsel asked the victim whether she had discussed her testimony with the state attorney. After the question was asked a second time the state objected. The trial court sustained the objection and stated in front of the jury:

Yes, it was asked and answered before. No need to emphasize it a second time. It's perfectly proper...

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