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SEMPIER v. STATE

No. 5D04-2601.

907 So.2d 1277 (2005)

Brian T. SEMPIER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 5, 2005.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PETERSON, J.

Brian T. Sempier appeals his judgment and sentence alleging that prosecutorial misconduct requires that he be afforded a new jury trial on his charge of unarmed robbery. We agree and reverse.

Sempier was accused of having robbed his victim of a wallet and ring and fleeing the scene. The victim summoned police, described the perpetrator and a BOLO resulted in the detention of Sempier, who was found calmly...

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