Florida District Courts of Appeal, 1991

Jones v. State

Jones v. State
Florida District Courts of Appeal · Decided October 8, 1991 · Allen, Barfield, Zehmer
587 So. 2d 588; 1991 Fla. App. LEXIS 10441; 1991 WL 204609 (Southern Reporter, Second Series)

Jones v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

BARFIELD and ALLEN, JJ., concur. ZEHMER, J., specially concurs with opinion.

Concurring Opinion

ZEHMER, Judge

(concurring).

In this criminal prosecution for attempted murder by stabbing the victim with a knife, the prosecuting attorney should not consider our affirmance without opinion as an approving endorsement of his conduct during argument. The prosecuting attorney’s stabbing of a cardboard box six times with the knife in evidence was highly improper and should have been immediately corrected by the trial court. I join in this affirmance only because this incident was harmless error under the circumstances of this case.

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