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IZQUIERDO v. STATE

No. 97-3020.

724 So.2d 124 (1998)

Zacarias Jaime IZQUIERDO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 30, 1998.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Frank P. Triola, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Maurice J. Houston (Fort Lauderdale) and Maya Saxena (Fort Lauderdale), Assistant Attorneys General, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.

SCHWARTZ, Chief Judge.

This is an appeal from a conviction for felony littering after a jury trial. As was the case in Boyer v. State, 713 So.2d 1133, 1133-34 (Fla. 5th DCA 1998),

[o]ur review of the record reveals that the trial court was unable to control the conduct of the overzealous prosecutor .... [whose] improper comments ... were [so] inflammatory and prejudicial in nature, [that they] vitiated the defendant...

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