DATILUS v. STATE

No. 4D11-1243.

128 So.3d 122 (2013)

Fede DATILUS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 23, 2013.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Susan D. Cline , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Georgina Jimenez-Orosa , Assistant Attorney General, West Palm Beach, for appellee.


FORST, J.

Fede Datilus appeals his convictions and sentences for sexual battery on a person less than twelve, lewd or lascivious molestation, and impregnation of a child. On appeal, he contends that the trial court abused its discretion by (1) sustaining the State's Haliburton1 objection when defense counsel attempted to comment on the State not calling a witness, and (2) denying the defendant's motion for mistrial

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