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RYAN v. STATE

No. 98-3137.

741 So.2d 1159 (1999)

David Lee RYAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 12, 1999.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lori E. Nelson, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

DAUKSCH and GOSHORN, JJ., concur.

GRIFFIN, J., dissents with opinion.

GRIFFIN, J., dissenting.

I respectfully dissent. During closing argument in this case, the prosecutor called appellant a "sicko," said that appellant "lied" and "can't even tell the truth" and derided the defense theory of the case as "just not believable" and "ridiculous." None of these plainly improper comments was objected to. Recently, a...

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