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BARRY v. STATE

No. 84-485.

504 So.2d 524 (1987)

Stephan Mitchell BARRY, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

March 26, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lucinda H. Young, Asst. Public Defender, Daytona Beach, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for appellee/cross-appellant.

ORFINGER, Judge.

In our earlier decision in this case1 we certified to the supreme court the question of whether harmless error would apply to a comment by the prosecutor on the defendant's failure to testify. In Barry v. State, 494 So.2d 213 (Fla. 1986), the supreme court held that such a comment was error, but whether or not it was reversible error would be decided on a harmless error analysis...

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