EDWARD WILSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Edward Wilson appeals his conviction for aggravated assault. We reverse because the prosecutor’s closing comments impermissibly suggested to the jury that there was additional, undisclosed evidence of defendant’s guilt, and the court erred in not granting a mistrial. Rivero v. State, 752 So. 2d 1244 (Fla. 3d DCA 2000), approved on other grounds, 790 So. 2d 1091 (Fla.2001); Williamson v. State, 459 So. 2d 1125 (Fla. 3d DCA 1984); Ford v. State, 702 So. 2d 279 (Fla. 4th DCA 1997); Landry v. State, 620 So. 2d 1099 (Fla. 4th DCA 1993); Thompson v. State, 318 So. 2d 549 (Fla. 4th DCA 1975). The record demonstrates that the error was not harmless, as it cannot be said, beyond a reasonable doubt, that the error did not affect the verdict. Rivero; Ford. Defendant is entitled to a new trial.
Reversed and remanded for new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Augustin Fleurimond v. State, 10 So. 3d 1140 (Fla. 3d DCA 2009)…ction, Your Hon- or. Absolutely no proof of that. It is well settled that a prosecutor must confine closing arguments to evidence in the record and must refrain from comments that could not be reasonably inferred from the evidence. Wilson v. State, 798 So. 2d 836 (Fla. 3d DCA 2001). Although certainly colorful and highly probative had there been such evidence, the prosecutor’s statement violated the prohibition against making comments that could not be reasonably inferred from the evidence. B. Fleurimond i…
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Williams v. State, 10 So. 3d 218 (Fla. 3d DCA 2009)…e again find it necessary to admonish the prosecutor and remind all lawyers who practice in this state, that closing arguments must be confined to the evidence in the record or which can reasonably be inferred from the evidence. See Wilson v. State, 798 So. 2d 836 (Fla. 3d DCA 2001). Additionally, closing arguments “must not be used to inflame the minds and passions of the jurors so that their verdict reflects an emotional response to the crime or the defendant rather than the logical analysis of the evidence…
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Hollie Stanley v. State (11th Cir. Ct. App. Div. 2011)
Authorities Cited
- Thompson v. State, 318 So. 2d 549 (Fla. 4th DCA 1975)
- Malla Landry v. State, 620 So. 2d 1099 (Fla. 4th DCA 1993)
- Williamson v. State, 459 So. 2d 1125 (Fla. 3d DCA 1984)
- Rivero v. State, 752 So. 2d 1244 (Fla. 3d DCA 2000)
- Colsson D. Ford v. State, 702 So. 2d 279 (Fla. 4th DCA 1997)
- Rivero v. State, 790 So. 2d 1091 (Fla. 2001)