BENNETT v. STATE

No. 1D01-2446.

823 So.2d 849 (2002)

Willie J. BENNETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 20, 2002.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Kenneth D. Pratt, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

In this direct appeal from his judgment and sentence, appellant argues that the trial court abused its discretion by denying his motion for mistrial made after the prosecutor erroneously argued in closing that the jury could convict appellant of a lesser but uncharged crime. We agree and reverse.

Appellant was charged with possession with intent to sell cocaine, a second degree felony. § 893.13(1)(a)1., Fla. Stat. At trial the state presented...

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