PROFITT v. STATE

No. 4D07-352.

978 So.2d 228 (2008)

Brian David PROFITT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 2, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and John Pauly, Jr., Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

Profitt appeals his conviction of burglary of an occupied dwelling. We reverse for an abuse of discretion in failing to sustain a defense objection to an incorrect statement of law in the state's closing argument.

Taking the facts in the light most favorable to the trier of fact, at approximately 11 a.m., Profitt was a passenger in a car with two other men. Clay Dowell, Profitt's co-defendant, was a passenger in the same car. The car stopped at a...

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