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LUMPKIN v. STATE

No. 5D09-1501.

36 So.3d 877 (2010)

Robert LUMPKIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 4, 2010.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

PALMER and TORPY, JJ., concur.

COHEN, J., concurs, and concurs specially with opinion.

COHEN, J., concurring specially.

Our affirmance is based upon a harmless error analysis. The prosecutor's error was so basic it was elementary.1 Her closing argument improperly attempted to shift the burden of proof. Relying on broad language in Henry...

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