WIMBERLY v. STATE

No. 4D08-207.

41 So.3d 298 (2010)

Jevon WIMBERLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 30, 2010.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Gary Kollin of Gary Kollin, P.A., Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Appellant, Jevon Wimberly, appeals his conviction for attempted second degree murder with a firearm, claiming fundamental error in both the prosecutor's closing argument and the jury instructions. He claims that the prosecutor made an improper appeal to racial prejudice and that the jury instructions contained an error as to the elements of the charged crime. We conclude that the prosecutor's comments were improper but did not rise to the level of fundamental...

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