RILEY v. STATE

No. 89-985.

560 So.2d 279 (1990)

Henry J. RILEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 17, 1990.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard Sohn, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Angelica D. Zayas, Asst. Atty. Gen., for appellee.

Before BASKIN, FERGUSON and GERSTEN, JJ.


PER CURIAM.

The defendant appeals a conviction for first-degree murder. There is not much room for doubt that the defendant is guilty of a homicide. Because there is a justiciable question as to the degree of the offense, which followed a post-drinking-spree altercation between the two men, the prejudicial comments of the assistant state attorney in closing arguments require a new trial. Parts of that argument are lifted from the record:

[PROSECUTOR]:

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