BLAIN SLAGLE, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant challenges the judgment and sentence entered after he was found guilty by a jury of robbery with a deadly weapon and aggravated fleeing or attempting to elude a law enforcement officer. Appellant contends that the State’s improper questions during cross-examination and improper arguments during closing arguments constitute fundamental error, necessitating a new trial. The State properly concedes error, and we reverse and remand for a new trial.
While the prosecutor’s questions and comments, standing alone, may not warrant a new trial, the cumulative effect of the prosecutor’s error denied Appellant a fair and impartial trial. See Brooks v. State, 918 So.2d 181, 202 (Fla.2005) (discussing cumulative error analysis) (quoting Jackson v. State, 575 So.2d 181, 189 (Fla.1991)).
We decline to address the other issues raised by Appellant.
REVERSED and REMANDED.
HAWKES, THOMAS, and ROBERTS, JJ., concur.
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Citator
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Charriez v. State, 96 So. 3d 1127 (Fla. 5th DCA 2012)…r to protect the community. Although Charriez’s defense counsel did not object to each of these comments and they may not individually rise to the level of fundamental error, their cumulative effect denied Charriez a fair trial. See Slagle v. State, 58 So. 3d 427 (Fla. 1st DCA 2011) (cumulative effect of prosecutor’s errors denied Slagle a fair trial); Freeman v. State, 717 So. 2d 105 (Fla. 5th DCA 1998) (finding that the cumulative effect of prosecutor’s errors, which included improper bolstering of police…
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Broomfield v. State, 114 So. 3d 1008 (Fla. 5th DCA 2012)…and for a new trial. While the prosecutor’s questions and comments, standing alone, may not rise to the level of fundamental error, the cumulative effect of the prosecutor’s errors denied Broomfield a fair and impartial trial. See Slagle v. State, 58 So. 3d 427 (Fla. 1st DCA 2011) (cumulative effect of the prosecutor’s errors denied Slagle a fair trial); Freeman v. State, 717 So. 2d 105 (Fla. 5th DCA 1998) (finding that the cumulative effect of prosecutor’s errors, which included improper bolstering of pol…
Authorities Cited
- Jackson v. State, 575 So. 2d 181 (Fla. 1991)
- Brooks v. State, 918 So. 2d 181 (Fla. 2005)