FRAZIER v. STATE

No. 4D06-2057.

970 So.2d 929 (2008)

James J. FRAZIER, Cross-Appellant, v. STATE of Florida, Cross-Appellee.

District Court of Appeal of Florida, Fourth District.

January 2, 2008.


Attorney(s) appearing for the Case

Dan Hallenberg of Law Office of Dan Hallenberg, P.A., Fort Lauderdale, for cross-appellant.

Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for cross-appellee.


SHAHOOD, C.J.

We affirm cross-appellant (hereafter "appellant") James J. Frazier's conviction following a jury trial for the offenses of burglary of an occupied dwelling and petit theft. However, we remand to the trial court for resentencing.

As his first issue, appellant urges that he is entitled to a new trial based upon the prosecutor's comment during closing argument that if the jury did not follow the law regarding the definition of a "dwelling," it would...

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