SPARKS v. STATE

No. 97-4113.

740 So.2d 33 (1999)

Jimmy SPARKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 29, 1999.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; Denise O. Simpson, Assistant Attorney General, Tallahassee, for appellee.


WOLF, J.

James Earl Sparks challenges his conviction for purchasing cocaine. He asserts that he was denied his right to due process of law and trial by a neutral and detached magistrate when the trial judge pointed out to the prosecutor evidence which was used as impeachment and which was relied on by the prosecutor in closing argument. The state asserts that the defense waived this argument by failing to raise the issue in the trial court and that any error was harmless...

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