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798 So. 2d 836

Docket No. 3D01-1109.

Wilson v. State

Edward WILSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 31, 2001.

District Court of Appeal of Florida · decided 2001-10-31

Cited by 2 later decisions — most recently May 2009

2 state decisions

Relies on 318 So. 2d 549 - Thompson v. State · 620 So. 2d 1099 - Landry v. State · 459 So. 2d 1125 - Williamson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-10-31

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¶1Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

¶2*837 Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

¶3Before COPE, GODERICH and SHEVIN, JJ.

¶4PER CURIAM.

¶5Edward Wilson appeals his conviction for aggravated assault. We reverse because the prosecutor's closing comments impermissibly suggested to the jury that there was additional, undisclosed evidence of defendant's guilt, and the court erred in not granting a mistrial. Rivero v. State, 752 So.2d 1244 (Fla. 3d DCA 2000), approved on other grounds, 790 So.2d 1091 (Fla.2001); Williamson v. State, 459 So.2d 1125 (Fla. 3d DCA 1984); Ford v. State, 702 So.2d 279 (Fla. 4th DCA 1997); Landry v. State, 620 So.2d 1099 (Fla. 4th DCA 1993); Thompson v. State, 318 So.2d 549 (Fla. 4th DCA 1975). The record demonstrates that the error was not harmless, as it cannot be said, beyond a reasonable doubt, that the error did not affect the verdict. Rivero; Ford. Defendant is entitled to a new trial.

¶6Reversed and remanded for new trial.

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