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AVANT v. STATE

No. 88-672.

538 So.2d 99 (1989)

Winfred AVANT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 2, 1989.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Dubbin, Berkman, Garber, Bloom & Moriber, Miami, and Barry L. Garber, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Susan Odzer Hugentugler, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.

SCHWARTZ, Chief Judge.

Neither of the appellant's points is meritorious. The challenged portion of the prosecutor's final argument1 was a permissible reference to the absence of testimony to support the defendant's factual contentions, rather than an impermissible comment on his failure to testify. State v. Sheperd, 479 So.2d 106 (Fla. 1985); White v. State, 377 So.2d 1149...

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