Warren v. State

Following trial by jury the defendant was convicted of robbery' and duly sentenced. He appeals. We affirm.

We agree that the state acted improperly in presenting to the jury during closing argument portions of the complaining witness’ deposition which had not been received in evidence. R. L. Bernado & Sons, Inc. v. Duncan, Fla.App.1961, 134 So.2d 297; Frenette v. State, 1947, 158 Fla. 675, 29 So.2d 869. This material attempted to explain the witness’ uncertainty as to whether his truck was located on an avenue or a terrace at the time it was ransacked. However, we have thoroughly examined the…