MARTIN v. STATE

No. 4D00-696.

797 So.2d 6 (2001)

Brandon Troy MARTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 29, 2001.


Attorney(s) appearing for the Case

Patrick C. Rastatter of Glass & Rastatter, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


FARMER, J.

Martin was convicted of burglary of a dwelling. We affirm but write to address one issue. He argues on appeal that a new trial is required because during trial the state questioned Martin and other defense witnesses about membership in a gang.

Two men burglarized a home. The victims confronted the two men who immediately fled the house. A neighbor, who saw the two men as they ran from the home, followed them to a townhouse complex. The police thereafter...

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