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EVANS v. STATE

No. 4D08-5140.

36 So.3d 185 (2010)

Charmarkco Shawn EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 9, 2010.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

STEVENSON, J.

Charmarkco Evans and his brother, Sharmarkco, were jointly tried for aggravated assault and false imprisonment with a firearm. In this appeal, Charmarkco Evans insists a prospective juror's comments during voir dire compelled the granting of his motion for mistrial. We find merit in Evans' argument, reverse the conviction, and remand for a new trial.

During jury selection, in response to questions regarding whether anyone was familiar with the...

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