HENRY v. STATE

No. 97-1713.

743 So.2d 52 (1999)

Gerald W. HENRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 14, 1999.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.


COBB, J.

The appellant, Gerald Henry, convicted of second degree murder, has filed a belated appeal seeking a new trial on the ground, inter alia, of prejudicial prosecutorial excesses.

Henry was indicted for first degree murder as the result of shooting one James Berry in the back of the head outside of a bar at the end of Bike Week in Volusia County in 1994. At the time of the incident Berry was engaged in a verbal tirade directed at the proprietress...

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