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RUSSMAN v. STATE

No. 5D02-3621.

869 So.2d 635 (2004)

Russell RUSSMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 26, 2004.

Attorney(s) appearing for the Case

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

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

SHARP, W., J.

Russman appeals from his judgments and sentences for burglary of a dwelling with a firearm, possession of a short-barreled shotgun, theft of a firearm and resisting an officer without violence.1 We affirm, but strike a condition of the probation order.

We find Russman's argument that the prosecutor's remarks made during closing argument were "fairly susceptible" of being interpreted by the jury as a comment on Russman...

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