WALTER SERMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1981-12-23
No. 81-1058
HOBSON, A. C. J., and BOARDMAN and OTT, JJ., concur.
407 So. 2d 1018 Florida District Court of Appeal, Second District (1981) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed without prejudice to appellant raising the violation of Villery v. Florida Parole & Probation Commission, 396 So. 2d 1107 (Fla.1981) on a Florida Rule of Criminal Procedure 3.850 motion.

HOBSON, A. C. J., and BOARDMAN and OTT, JJ., concur.


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  • Elliott v. State, 590 So. 2d 538 (Fla. 2d DCA 1991)
    …l court erred in denying the appellant’s motion for a mistrial. A cautionary instruction was insufficient to overcome the incurable effect of the witness’ prejudicial comment. See Bradwell v. State, 468 So. 2d 1113 (Fla. 3d DCA 1986); Long v. State, 407 So. 2d 1018 (Fla. 2d DCA 1981). Therefore, we reverse and remand to the trial court for a new trial. SCHOONOVER, C.J., and CAMPBELL, J., concur.…
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