HENRY v. STATE

No. 93-3673.

651 So.2d 1267 (1995)

Oral HENRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 15, 1995.


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 Ettie Feistmann, Asst. Atty. Gen., West Palm Beach, for appellee.


WARNER, Judge.

During closing argument in this prosecution for delivery of cocaine, the prosecutor argued that somebody "got to" one of the defense alibi witnesses, without any evidence whatsoever of any improper contact with the witness. Because this comment implies tampering with a witness and the suborning of perjury by the defense, we hold that it was error warranting a new trial.

The appellant was charged with delivery of cocaine to an undercover officer...

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