ESPUTE v. STATE

No. 4D11-422.

85 So.3d 532 (2012)

Asley ESPUTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 11, 2012.


Attorney(s) appearing for the Case

Andrew David Stine , West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Helene C. Hvizd , Assistant Attorney General, West Palm Beach, for appellee.


EN BANC

WARNER, J.

In this appeal from his conviction of aggravated battery and battery, appellant/defendant claims that the prosecutor made an improper comment on defendant's right to remain silent. When the defendant objected at trial, the court sustained the defense objection and gave a curative instruction to the jury, but the court denied a motion for mistrial. Although this court has in the past occasionally applied a harmless error standard of review...

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