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DAVIS v. STATE

No. 85-626.

486 So.2d 8 (1986)

Harry Bernard DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 9, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, Nancye R. Crouch, Kenneth Witts and James R. Wulchak, Asst. Public Defenders, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a judgment and sentence in a robbery case. The inappropriate remarks of the prosecutor regarding whether appellant was "going to present a case" do not warrant reversal in view of the evidence of guilt. See State v. DiGuilio, 10 F.L.W. 430 (Fla. Aug. 29, 1985), reh. pending. The court erred in retaining jurisdiction over the sentence and erred in its departure sentence...

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