WALKER v. STATE

No. 85-1830.

495 So.2d 1240 (1986)

John Lee WALKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 23, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

The defendant claims the trial court erred in denying his motion for a mistrial made when the state attorney, in opening statement to the jury, referred to the fact that the defendant had told a police officer that at the relevant time he was drinking with his sister and her boyfriend and that the defendant's mother had sworn that at the same time the defendant was asleep at home. The defendant argues that this reference prejudiced his right to a fair...

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