Sims v. State, 77-2050
Decision Date | 22 May 1979 |
Docket Number | No. 77-2050,77-2050 |
Parties | Alex SIMS, Jr., Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Warren S. Schwartz, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., for appellee.
Before HENDRY, HUBBART and KEHOE, JJ.
Appellant, defendant below, brings this appeal from a judgment of conviction and sentence entered by the trial court after a jury trial. Appellant was found guilty of third degree murder, two counts of aggravated assault, and unlawful possession of a firearm. We reverse.
Among the points raised on appeal is one which requires reversal. This point is stated by appellant as follows:
The record reflects that during closing argument to the jury, appellee made the following comment:
This remark, in the context in which it was made, created the unmistakable impression that appellant would commit another murder should he be acquitted. Such remarks have consistently been found to be highly prejudicial and inflammatory to a jury. In our opinion, the making of this remark in the jury's presence deprived appellant of a fair trial. After appellee made the prejudicial remark, the trial court sustained appellant's objection to the statement. Immediately after this ruling, appellee repeated the comment: "Go get another one." This additional comment added further to the error. See, e. g., ...
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