MARTINEZ v. STATE

No. 83-2372.

478 So.2d 871 (1985)

Roberto MARTINEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 10, 1985.


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 Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before NESBITT, DANIEL S. PEARSON, and FERGUSON, JJ.


FERGUSON, Judge.

Defendant appeals his convictions for false imprisonment, grand theft and burglary. He contends that the trial court erred in prohibiting his attorney from arguing to the jury that the State's unexplained failure to call the codefendant, who was listed as a state witness, created an inference that the codefendant's testimony would not have been favorable to the State. By precluding the argument, appellant contends, the court infringed upon his right...

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