Birren v. State, 3D99-844.
Decision Date | 16 February 2000 |
Docket Number | No. 3D99-844.,3D99-844. |
Citation | 750 So.2d 168 |
Parties | Ronald Edward BIRREN, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Kwall, Showers & Coleman (Clearwater), and Sherwood S. Coleman, for appellant.
Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Tallahassee, for appellee. Before SCHWARTZ, C.J., and JORGENSON, and FLETCHER, JJ.
Ronald E. Birren seeks to set aside his conviction and sentence. We reverse and remand for a new trial.
Birren was charged with (1) tampering with evidence1; (2) fleeing and eluding a Marine Patrol officer; (3) interference with a Marine Patrol officer; (4) possession of undersize lobster; (5) possession of lobster out of season; (6) harvesting lobster during the "soak" season; and (7) failing to have lobster registration numbers on his traps. At trial, the prosecutor made several remarks during closing argument accusing Birren of stealing resources from the state and other fishermen.2 The trial court permitted the statements over defense objection, denying Birren's motion for mistrial. The jury ultimately returned a verdict of guilty on counts 2-7. At the hearing on Birren's Motion for New Trial, the court revisited its earlier trial ruling that allowed the State's comments. The trial judge explained that, while she believed in retrospect that the prosecutor's comments were improper and a curative instruction should have been given to the jury, she did not believe that the comments warranted a mistrial. We disagree.
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