STATE v. TYSON

No. 2D10-4510.

86 So.3d 538 (2012)

STATE of Florida, Appellant, v. Anthony G. TYSON, Appellee.

District Court of Appeal of Florida, Second District.

April 13, 2012.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Richard M. Fishkin , Assistant Attorney General, Tampa, for Appellant.

Cedric B. Hall , Fort Myers, for Appellee.


SILBERMAN, Chief Judge.

The State appeals an order dismissing the charge against Anthony G. Tyson of possession of a firearm by a convicted felon. The trial court granted a mistrial and dismissed the charge based on comments the prosecutor made in his opening statement. The State argues that the trial court erred in dismissing the charge because nothing in the opening statement was designed to goad Tyson into seeking a mistrial. We agree and reverse the dismissal...

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