Pierre v. State

Defendant, Wilson Pierre, Jr., appeals his conviction and sentence for aggravated assault with a firearm. During closing argument, the prosecutor argued that the victim, who testified at trial, recanted his prior identification of Defendant because he was “scared.” Because there was no evidence that the victim’s recantation was motivated by fear or that the victim had been threatened with reprisal by Defendant or someone acting on Defendant’s behalf, we reverse and remand for a new trial.

The victim, “BD,” testified that on August 1, 2006, he was standing outside of his home working on his…