PETERSON v. STATE

No. 4D02-2355.

874 So.2d 14 (2004)

Derrick PETERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 8, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Linda Harrison, Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

Derrick Peterson appeals his conviction and sentence for attempted second degree murder with a firearm. We find no abuse of discretion in the trial court's overruling appellant's objection that the state commented on facts not in evidence during its closing argument. However, we do find reversible error in the trial court's admission of a witness's prior consistent statement to a police officer that appellant was the gunman in a drive-by shooting incident...

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