STATE v. FOUNTAIN

No. 2D05-3022.

930 So.2d 865 (2006)

STATE of Florida, Appellant, v. Clyde Dickerson FOUNTAIN, Appellee.

District Court of Appeal of Florida, Second District.

June 23, 2006.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellee.


LaROSE, Judge.

The State appeals the trial court's order granting Clyde Dickerson Fountain a new trial. The trial court concluded that the prosecutor's closing argument impermissibly commented on Mr. Fountain's right to remain silent and his burden of proof. Because the improper comments did not constitute fundamental error, we reverse.

A jury convicted Mr. Fountain of two counts of lewd or lascivious molestation...

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