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HERNANDEZ v. PTOMEY

No. 88-2548.

549 So.2d 757 (1989)

Alex HERNANDEZ, Appellant, v. Honorable William R. PTOMEY, Jr., Appellee.

District Court of Appeal of Florida, Third District.

October 3, 1989.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Roberta G. Mandel, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and FERGUSON, JJ.

PER CURIAM.

Charged with battery and resisting arrest without violence, Alex Hernandez went to trial before a jury in the county court. During cross-examination of the arresting officer, defense counsel asked whether the officer was under internal review investigation for actions in other cases. Before the witness could respond, the judge dismissed the jury and declared a mistrial, finding that the question violated section 112.533(2), Florida Statutes (1987).

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