SMITH v. STATE

No. 1D02-1191.

843 So.2d 1010 (2003)

Garlin A. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 1, 2003.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Philip W. Edwards, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant seeks review of his conviction, following a jury trial, for sale or delivery of cocaine. Because the trial court erroneously denied his motion for a mistrial made in response to comments by the prosecutor during closing argument improperly suggesting that appellant had the burden to present evidence refuting the state's identification testimony, we reverse and remand for a new trial.

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