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STIRES v. STATE

No. 5D01-3080.

824 So.2d 943 (2002)

Robert Allen STIRES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 5, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

Stires appeals judgments and sentences for two counts of DUI manslaughter and one count of DUI with bodily injury. We affirm, but write to discuss his argument that the trial court erred in denying his motion for mistrial when the prosecutor told the jury in closing argument that they had to find Stires "totally blameless" to acquit.

Facts

Shortly after midnight on February 19, 2000, Stires' Jeep collided with Danielle Werner's Toyota Corolla...

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