Navarro v. State

District Court of Appeal of Florida

Navarro v. State

556 So. 2d 1218, 1990 Fla. App. LEXIS 968, 1990 WL 15243

CourtDistrict Court of Appeal of Florida

DecidedFebruary 20, 1990

DocketNo. 89-295

StatusPublished

This text of 556 So. 2d 1218 (Navarro 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

Navarro v. State, 556 So. 2d 1218, 1990 Fla. App. LEXIS 968, 1990 WL 15243 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The State has confessed error with respect to the convictions for conspiracy to traffic in cocaine and unlawful possession of a firearm while engaged in a criminal offense. We therefore reverse and remand for resentencing.

With respect to the count for armed trafficking in cocaine, we agree that the prosecutor impermissibly bolstered the character of one of the State’s witnesses, see Whitted v. State, 362 So.2d 668, 673 (Fla.1978), and made an improper statement in closing argument. We conclude, however, that on this record the errors were harmless. State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

Affirmed in part, reversed in part, and remanded.

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PER CURIAM.

The State has confessed error with respect to the convictions for conspiracy to traffic in cocaine and unlawful possession of a firearm while engaged in a criminal offense. We therefore reverse and remand for resentencing.

With respect to the count for armed trafficking in cocaine, we agree that the prosecutor impermissibly bolstered the character of one of the State’s witnesses, see Whitted v. State, 362 So.2d 668, 673 (Fla.1978), and made an improper statement in closing argument. We conclude, however, that on this record the errors were harmless. State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

Affirmed in part, reversed in part, and remanded.

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556 So. 2d 1218, 1990 Fla. App. LEXIS 968, 1990 WL 15243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/navarro-v-state-fladistctapp-1990.

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