SMITH v. STATE

No. 93-0800.

637 So.2d 27 (1994)

Amius SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 11, 1994.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and David McPherrin, 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

PER CURIAM.

The opinion of this court filed January 19, 1994, is withdrawn and the following opinion is substituted. The motions for rehearing are denied.

The prosecutor made a comment in closing argument which defendant argues requires a new trial. The sole argument advanced by the state for affirmance is that the trial court sustained defendant's objection to the remark, and that the defendant did not move for a mistrial...

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