JOHNSON v. STATE

No. 5D11-4394.

114 So.3d 1012 (2012)

Richard Lemart JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 31, 2012.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Nancy Ryan , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Rebecca Rock McGuigan , Assistant Attorney General, Daytona Beach, for Appellee.


ORFINGER, C.J.

Richard L. Johnson appeals his conviction and sentence for aggravated assault on a law enforcement officer. Johnson argues that the court fundamentally erred by departing from its role of neutrality during the trial, and that the State's closing argument was improper. While we find no error in the State's closing argument, we agree that Johnson is entitled to a new trial based on the trial judge's comments during the trial.

Deputy Mitchell Tucker...

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