Brown v. State, 73-203.
| Decision Date | 16 October 1973 |
| Docket Number | No. 73-203.,73-203. |
| Citation | 284 So.2d 453 |
| Parties | James BROWN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Phillip A. Hubbart, Public Defender, and Bennett H. Brummer, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Linda C. Hertz, Legal Intern, for appellee.
Before BARKDULL, C.J., and CHARLES CARROLL and HAVERFIELD, JJ.
On this appeal from his conviction of breaking and entering a building and of attempt to commit grand larceny, the appellant seeks a new trial because of certain remarks by the prosecutor in argument, to which objection by defendant was overruled.
In testifying, the defendant had admitted three prior convictions. The alleged remarks of the prosecutor included the following: (Italics ours.)
We hold that because of the prosecutor's comments to the jury, the plaintiff's right and opportunity to a fair trial was prejudiced, so as to require reversal, on authority of Davis v. State, Fla.App. 1968, 214 So.2d 41; Fitzgerald v. State, Fla.App. 1969, 227 So.2d 45; Sherman v. State, Fla. 1971, 255 So.2d 263.
Judgment reversed and cause remanded for new trial.
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