McPherson v. State

District Court of Appeal of Florida

McPherson v. State

576 So. 2d 1357, 1991 Fla. App. LEXIS 2924, 1991 WL 45216

CourtDistrict Court of Appeal of Florida

DecidedApril 2, 1991

DocketNo. 90-1194

StatusPublished

This text of 576 So. 2d 1357 (McPherson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McPherson v. State, 576 So. 2d 1357, 1991 Fla. App. LEXIS 2924, 1991 WL 45216 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Christopher McPherson appeals from a judgment of conviction for assault. For the following reason, we reverse and remand for a new trial.

In his closing argument, the prosecutor referred to the defendant as a “madman.” He further argued that, because defendant’s counsel was “manipulative,” she was able to extract erroneous or misleading statements from the victim during a deposition. Based upon Alvarez v. State, 574 So.2d 1119 (Fla. 3d DCA 1991), in which we reversed a conviction and ordered a new trial based upon virtually identical [1358]*1358improper remarks made by the same prosecutor in closing argument, we reverse.¹

REVERSED AND REMANDED.

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PER CURIAM.

Christopher McPherson appeals from a judgment of conviction for assault. For the following reason, we reverse and remand for a new trial.

In his closing argument, the prosecutor referred to the defendant as a “madman.” He further argued that, because defendant’s counsel was “manipulative,” she was able to extract erroneous or misleading statements from the victim during a deposition. Based upon Alvarez v. State, 574 So.2d 1119 (Fla. 3d DCA 1991), in which we reversed a conviction and ordered a new trial based upon virtually identical [1358]*1358improper remarks made by the same prosecutor in closing argument, we reverse.¹

REVERSED AND REMANDED.

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576 So. 2d 1357, 1991 Fla. App. LEXIS 2924, 1991 WL 45216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcpherson-v-state-fladistctapp-1991.

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