LEWIS v. STATE

No. 5D03-2561.

879 So.2d 101 (2004)

James LEWIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 6, 2004.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, J.

Lewis appeals his convictions for first degree premeditated murder and robbery with a deadly weapon. His sole argument is that the trial court erred in denying his motion for mistrial and a curative instruction after the prosecutor stated in closing argument that it was Lewis "that chose to bring us here today and force you to listen to this testimony...." We find the trial court correctly found that the prosecutor's comment was an invited response and affirm...

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