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Cribbs v. State
Here, as in Paul , the trial court 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”).
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Oliver BROWN
v.
STATE of Florida
v.
STATE of Florida
No. 4D97-2770.
District Court of Appeal of Florida, Fourth District.
Mar 22, 2000.
Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellant., Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
Farmer, Owen, Warner, William.
Cited by 1 opinion | Published
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.