SIMMONS v. STATE

No. 1D00-2742.

803 So.2d 787 (2001)

Terrance SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 10, 2002.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Public Defender; Dennis E. Watson, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Alan R. Dakan, Assistant Attorney General, Tallahassee, for Appellee.


WOLF, J.

Appellant challenges his conviction for aggravated assault, raising three issues: whether the evidence was insufficient to prove aggravated assault; whether the trial court erred in allowing the prosecutor to comment on the defendant's failure to testify; and whether the trial court's rebuke of defense counsel, which amounted to a comment on the evidence, deprived the appellant of a fair and impartial trial. We affirm as to the first two issues. We address...

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