Holloway v. State

DELL, Judge.

Jacqueline Holloway appeals her conviction for second degree murder with a firearm in violation of section 782.04, Florida Statutes (1993). Appellant argues that the trial court erred in failing to grant a mistrial after the prosecutor called himself as a witness. We reverse and remand for a new trial.

During trial, the prosecution maintained that appellant enticed the victim, her ex-husband, to her apartment through sexual innuendos and then shot him. In support of this theory, the prosecutor asked a witness, Michael Maravic, about appellant’s attire shortly before the shooting.…