Legal Opinion

Marshall v. State

District Court of Appeal of Florida

Decided May 5, 1999No. 97-2743PublishedCited by 1 opinion

1Opinion of the Court

SCHWARTZ, Chief Judge.

A new trial is required in this case because of a manifest, plainly harmful violation, over the preserved objections of defense counsel, of the principles stated in Brown v. State, 719 So.2d 882 (Fla.1998) and Rios v. State, 730 So.2d 831 (Fla. 3d DCA 1999)[24 FLW D937], both of which were decided after the trial. See also State v. Emmund, 698 So.2d 1318 (Fla. 3d DCA 1997). The other points raised by the appellant have no merit.

Reversed.

2Cases cited2 opinions

  1. Rios v. StateDistrict Court of Appeal of Florida · 1999
  2. State v. EmmundDistrict Court of Appeal of Florida · 1997

3Cited by1 opinion

  1. Marshall v. StateDistrict Court of Appeal of Florida · 2001