MELTON v. STATE

No. 99-0789.

746 So.2d 1188 (1999)

James Roy MELTON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 6, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


DELL, J.

We affirm appellant's conviction for committing a lewd, lascivious, or indecent act upon a child under the age of sixteen in violation of section 800.04, Florida Statutes (1997). The trial court did not abuse its discretion when it sustained the State's objection to a comment made by appellant's counsel during closing argument. The objectionable statement as phrased constituted a comment upon facts not in evidence.

We reverse appellant's sentences...

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