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EVANS v. STATE

No. 4D09-1961.

62 So.3d 1203 (2011)

Ervin L. EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 8, 2011.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and David John McPherrin , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Sue-Ellen Kenny , Assistant Attorney General, West Palm Beach, for appellee.

DAMOORGIAN, J.

Ervin Evans appeals his judgment and sentence for attempted second degree murder. Evans argues that the prosecutor's comments during closing implying tampering with a witness and the suborning of perjury by the defense, without any evidence whatsoever of any improper contact with the witness, warrants a new trial. We agree and reverse and remand for a new trial.

Evans was charged with stabbing Kenneth Rawls during a fight that involved Rawls...

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