JACOBS v. STATE

No. 91-2390.

600 So.2d 1199 (1992)

Keith Donell JACOBS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 29, 1992.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

The appellant raises several points on appeal. First, it is contended the trial court should have declared a mistrial because the prosecutor, during opening statement, cautioned the jury to listen very carefully to the defense's alibi witnesses because they had given inconsistent statements. The trial court instructed the jury to disregard any statements concerning an alibi, but denied a motion for mistrial. Ultimately, the defense presented no evidence...

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