ROSE v. STATE

No. 1D11-346.

134 So.3d 996 (2012)

Jacob Thomas ROSE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 22, 2012.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, Pamela D. Presnell , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, Samuel A. Perrone , Assistant Attorney General, Tallahassee, for Appellee.


THOMAS, J.

Appellant was convicted and sentenced under section 790.23, Florida Statutes, for possession of a firearm by a convicted felon. Although Appellant raises four issues on appeal, we need only address one, as it is dispositive. Appellant argues that the trial court erred by denying his motion for mistrial based upon the prosecutor's comments during its opening statement regarding Appellant's refusal to consent to a search of his vehicle. We agree, and reverse...

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