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ALLEN v. STATE

No. 75-441.

320 So.2d 828 (1975)

Michael Guy ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 24, 1975.

Attorney(s) appearing for the Case

Warner S. Olds, Public Defender, and William W. Herring, Asst. Public Defender, Fort Lauderdale, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Margarita Esquiroz, Asst. Atty. Gen., and Carl Schwait, Legal Intern, Miami, for appellee.

PER CURIAM.

Defendant appeals his sentence and conviction on the grounds that the prosecutor improperly noted to the jury that defense did not call a certain person as a witness. This is error, and sometimes reversible error. Kirk v. State, 227 So.2d 40 (4th DCA Fla. 1969). However, in this case, the defense counsel in opening argument made several heavy and pointed references to that certain person, with the clear inference...

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