HOGAN v. STATE

No. 98-2995.

753 So.2d 570 (1999)

Charles HOGAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 1, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Christopher A. Haddad, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was convicted of burglary of a dwelling. He argues that the trial court erred in allowing the state to comment on the fact that a person who allegedly gave appellant permission to be in the dwelling was not called to testify. We agree and reverse because the comments could have caused the jury to erroneously believe that the appellant had the burden of proving his innocence.

At his trial, appellant testified that he was a homeless person...

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