STAPLES v. STATE

No. 74-107.

298 So.2d 545 (1974)

James Elmore STAPLES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 7, 1974.


Attorney(s) appearing for the Case

James A. Gardner, Public Defender, Sarasota, and Durand James Adams, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth, Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Judge.

Appellant contends that the court below erred in denying his application for post-conviction relief without the granting of a hearing. His main argument concerns the fact that the state made the concluding argument at his 1968 trial even though he did not testify in his own behalf.

No objection was made to the order of closing argument. The failure to permit a defendant to have the concluding argument when he does not testify constitutes reversible...

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