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STATE v. BENTON

No. 95-1157.

662 So.2d 1364 (1995)

The STATE of Florida, Appellant, v. Antonio BENTON, Appellee.

District Court of Appeal of Florida, Third District.

November 22, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Avi J. Litwin, Assistant Attorney General, Tallahassee, for appellant.

Bennett H. Brummer, Public Defender, and Manuel Alvarez and Suzanne Froix, Assistant Public Defenders, Miami, for appellee.

Before BASKIN, COPE and LEVY, JJ.

PER CURIAM.

The state appeals an order granting defendant a new trial on the charge of resisting an officer without violence. We reverse.

The trial court abused its discretion in ordering the new trial based on the state's comments in its closing argument. Although the state improperly commented that it is defense counsel's "job to cross things up, to muddy the water," that single comment does not support a new trial order. See Crump v. State,

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