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BROOKS v. STATE

No. 2D03-833.

868 So.2d 643 (2004)

Robert Earl BROOKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 17, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

Robert Earl Brooks appeals his conviction for aggravated battery with a deadly weapon. He contends that the trial court should have granted his motion for mistrial after the alleged victim, his former wife, testified that Brooks was "sent back to prison" following a prior incident of domestic violence during which she shot Brooks twice. We agree with Brooks that this error was not harmless and that the trial court abused its discretion in denying the...

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