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FUGETT v. STATE

Nos. 72-405, 72-406.

271 So.2d 28 (1972)

Farrell D. FUGETT and Suzanne Guthrie, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 13, 1972.

Attorney(s) appearing for the Case

Claire K. Cates, of Nixon & Farnell, Clearwater, for appellant Guthrie.

Robert E. Jagger, Public Defender, and Jeffrey L. Myers, Asst. Public Defender, Clearwater, for appellant Fugett.

Robert L. Shevin, Atty. Gen., Tallahassee, and David Luther Woodward, Asst. Atty. Gen., Tampa, for appellee.

LILES, Acting Chief Judge.

The State charged the appellants with robbery. During their trial it was discovered that the mother of appellant Guthrie had been adjudicated incompetent and she was not permitted to testify. In his closing argument, the prosecutor mentioned the fact that the mother had not testified and defense counsel moved for a mistrial.

"MR. FARNELL [Attorney for Defendant Guthrie]: That is highly improper comment, and I believe we'd be entitled...

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