RICARDO v. STATE

No. 84-2323.

481 So.2d 1296 (1986)

Ricardo RICARDO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 28, 1986.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Henry R. Barksdale and Debora Turner, Asst. Attys. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.


JORGENSON, Judge.

Ricardo appeals from the final judgment of conviction for carrying a concealed firearm and the sentence entered thereon. For the reasons which follow, we affirm the conviction but reverse the sentence and remand for resentencing.

Ricardo first argues that his motion for mistrial should have been granted at the commencement of the case because the prosecutor asserted in opening statement facts which Ricardo contends could not have been brought...

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