OLIVER BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-03-22
No. 4D97-2770
WARNER, C.J., FARMER, J., and OWEN, WILLIAM C„ Jr, Senior Judge, concur.
753 So. 2d 760 Florida District Court of Appeal, Fourth District (2000) Caution
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Salters v. State, 731 So. 2d 826, 826 (Fla. 4th DCA), rev. granted, 749 So. 2d 503 (Fla. 1999). We certify conflict with Thompson v. State, 708 So. 2d 315, 317 n. 1 (Fla. 2d DCA 1998), reversed, 750 So. 2d 643 (Fla.1999), as to the window period for the single subject matter constitutional challenge to section 775.084(l)(c), Florida Statutes (1997).

WARNER, C.J., FARMER, J., and OWEN, WILLIAM C„ Jr, Senior Judge, concur.


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    …rt appeared to endorse the prosecutor’s comment by specifically overruling the objection, stating that the prosecutor would be allowed to continue the argument, and failing to admonish the jury to disregard the improper comment.* Cf. Grant v. State, 753 So. 2d 760, 761 (Fla. 4th DCA 2000) (finding a burden-shifting question harmless where the court “gave a curative instruction ordering the jury to disregard the question” and the prosecutor “did not mention the matter again”). While the reminder of the burden…
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