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ATWELL v. STATE

No. 94-867.

658 So.2d 184 (1995)

Cornell ATWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 4, 1995.

Attorney(s) appearing for the Case

Gerard T. York of Jaeger and Blankner, Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Steven J. Guardiano, Sr. Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

During Cornell Atwell's trial on possession of cocaine with intent to deliver, Officer Gibson (one of the officers involved in the arrest) answered the following question on cross-examination:

Q. So your testimony is you didn't see anything that Mr. Atwell did, correct? A. Not this time.

This response could, of course, imply to the jury that Officer Gibson had previously observed Mr. Atwell doing something illegal concerning...

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