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CUTHBERTSON v. STATE

No. 91-2723.

623 So.2d 778 (1993)

James CUTHBERTSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing or Clarification Denied September 27, 1993.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for appellee.

ON MOTION FOR REHEARING

STONE, Judge.

We grant Appellant's motion for rehearing, and, having considered supplemental briefing,1 withdraw our opinion of March 31, 1993, and substitute the following opinion.

Appellant's armed robbery conviction and sentence are reversed. It was error to deny a motion for mistrial where the state's witness, on direct examination, testified, as follows, to prior irrelevant criminal...

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