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BROWN v. STATE

No. 92-02917.

627 So.2d 1342 (1993)

James Arthur BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 22, 1993.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Susan D. Dunlevy, Asst. Atty. Gen., Tampa, for appellee.

BLUE, Judge.

We previously reversed this case because of improper prosecutorial comments during closing argument. Brown v. State, 593 So.2d 1210 (Fla. 2d DCA 1992). On retrial, the same prosecutor made the same improper argument regarding the appellant's failure to call a witness. Accordingly, we reverse the conviction and remand this case, for a second time, for a new trial.<...

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