ELLIOTT v. STATE

No. 89-02109.

590 So.2d 538 (1991)

John A. ELLIOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 13, 1991.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Wendy E. Friedberg, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


PATTERSON, Judge.

John A. Elliott appeals from his judgment and sentence for trafficking in cocaine. He raises two arguments on appeal. We find merit in his second argument that the trial court erred in denying his motion for a mistrial.

The appellant was brought to trial before a jury on charges of trafficking in more than twenty-eight grams but less than 200 grams of cocaine in violation of section 893.135(1)(b)(1), Florida Statutes (1985). The charges were...

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