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FIRST v. STATE

No. 95-04165.

696 So.2d 1357 (1997)

Scott FIRST, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 25, 1997.

Attorney(s) appearing for the Case

David Farash, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.

BLUE, Judge.

Scott First appeals his convictions for two counts of grand theft. Of the two issues raised on appeal, one has merit. We agree with First that the trial court reversibly erred by failing to grant his motion for a mistrial based upon the State's improper comment during opening statement. Therefore, we reverse and remand for a new trial because the prosecutor's opening statement included an improper and prejudicial personal opinion that First's alibi witness...

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