CHERRY v. STATE

No. 89-2671.

572 So.2d 521 (1990)

Jack CHERRY, Jr. (a/k/a: Marvin Gibbs, Jack Washington, James Richardson, Terry Reo, Jack Lemar Williams, and Richard Williams), Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Denial of Rehearing January 10, 1991.


Attorney(s) appearing for the Case

Barbara M. Linthicum, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

On appeal, Cherry challenges as error the trial court's (1) preclusion of his cross-examination of a state witness, (2) and its response to a question by the jury after the jurors retired to deliberate. On cross-appeal, the state contends that the trial court erred in not sentencing appellant as an habitual felony offender. We affirm in part, reverse in part and remand for a new trial.

We find that either point raised by Cherry merits reversal...

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