JONES v. STATE

No. 92-3571.

653 So.2d 1110 (1995)

Neville JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 19, 1995.


Attorney(s) appearing for the Case

Neal A. Dupree of the Law Offices of Neal A. Dupree, Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


KLEIN, Judge.

Because due process requires the state to prove its case beyond a reasonable doubt, a prosecutor cannot generally comment on the defendant's failure to produce witnesses, since it can mislead the jury in regard to who has the burden of proof. Jackson v. State, 575 So.2d 181, 188 (Fla. 1991). The prosecutor's remarks in this case require us to reverse appellant's conviction and remand for a new trial.

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