McCAIN v. STATE

No. 85-68.

480 So.2d 189 (1985)

Ney V. McCAIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 18, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.


HALL, Judge.

This case involves prosecutorial comment upon appellant's failure to testify. Twice in his closing argument the prosecutor directed the jury's attention to such fact. Upon objection by appellant, the trial court warned that the comments came "close" to being impermissible.

In that the state has met its burden of showing the comments to be harmless beyond reasonable doubt, we are bound by United States...

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