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MILBURN v. STATE

No. 96-05271.

742 So.2d 362 (1999)

Michael MILBURN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 18, 1999.

Attorney(s) appearing for the Case

Robert A. Norgard, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee.

BLUE, Judge.

In this appeal, Michael Milburn argues that the trial court erred in denying a mistrial based on two prosecutorial errors, the State's improper bolstering of its expert witness and its erroneous closing argument regarding the insanity defense. We reverse Milburn's conviction for first-degree murder. Because insanity was not raised as a defense to the second count charging attempted first-degree murder, Milburn's conviction for attempted first-degree murder...

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