RANDOLPH v. STATE

No. 89-40.

556 So.2d 808 (1990)

Ernest RANDOLPH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 15, 1990.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.


PETERSON, Judge.

Defendant, Ernest Randolph, raises two points on appeal. His first contention is that the trial court erred in denying his motion for mistrial because of wrongful prosecutorial comments, and the second is that a sentence was imposed above the recommended guidelines without written reasons to support it.

The first point is further divided into two components. The first is the comment by the prosecutor during closing arguments:

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