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Crews v. State

District Court of Appeal of Florida, Third District
Dec 3, 1991
589 So. 2d 468 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-972.

December 3, 1991.

An Appeal from the Circuit Court for Dade County; Ellen J. Morphonios, Judge.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Alphonso Milligan, Asst. Atty. Gen., for appellee.

Before JORGENSON, LEVY, and GODERICH, JJ.


Defendant appeals his conviction and sentence on the ground of prosecutorial misconduct during closing arguments. We hold that these remarks do not rise to the level of prejudice necessary to warrant a new trial. See Breedlove v. State, 413 So.2d 1 (Fla. 1982), cert. denied, 459 U.S. 882, 103 S.Ct. 184, 74 L.Ed.2d 149 (1982); State v. Murray, 443 So.2d 955, 956 (Fla. 1984) (error does not warrant reversal unless it was "so prejudicial as to vitiate the entire trial"). Compare Alvarez v. State, 574 So.2d 1119 (Fla. 3d DCA 1991) (egregious comments made throughout the State's closing argument required reversal).

We find no merit in the other issues raised on appeal.

Affirmed.


Summaries of

Crews v. State

District Court of Appeal of Florida, Third District
Dec 3, 1991
589 So. 2d 468 (Fla. Dist. Ct. App. 1991)
Case details for

Crews v. State

Case Details

Full title:ERIC TYRONE CREWS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 3, 1991

Citations

589 So. 2d 468 (Fla. Dist. Ct. App. 1991)

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