LAYTON v. STATE

No. 82-769.

435 So.2d 883 (1983)

Barry LAYTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 24, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Diane Leeds, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.


PER CURIAM.

Because the prosecutor's closing argument comment

"[As] you know, it doesn't take a genius to figure out that Mr. Layton and Mr. Parker, as opposed to the other witnesses, have been sitting here in this courtroom with the advantage and ability to listen to how each witness testified ..."

is, particularly where Parker, the co-defendant, testified, "fairly susceptible," David v. State, 369 So.2d 943

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