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BERRY v. STATE

No. 4D00-4426.

792 So.2d 611 (2001)

Marquis BERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 22, 2001.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Sophia Letts, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Maria J. Patullo, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, J.

Appellant was convicted of resisting arrest with violence and raises one issue on appeal. He argues that the trial court should have granted his motion for mistrial after the prosecutor made the following comment during jury selection:

Okay. Now, let me let you think about this. Many of us have pre-dispositions in life. We see someone with blue jeans hanging on, gold teeth, earring, many of us say, "can...

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