Opinion
No. 97-2743
Opinion filed May 5, 1999. JANUARY TERM, A.D. 1999
An Appeal from the Circuit Court for Dade County, Leslie B. Rothenberg, Judge, L.T. No. 97-2231.
Bennett H. Brummer, Public Defender and John E. Morrison, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Barbara A. Zappi (Fort Lauderdale), Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.
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 Case no. 97-2428, opinion filed, April 14, 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.