CLYDE IRWIN BLACK, A/K/A CLYDE HILL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the defendant waived the issue of the prosecutor's indirect comment on his failure to testify by not objecting on that specific ground at trial.
The defendant was convicted of felonies and violation of probation. The central contention on appeal was that the prosecutor indirectly commented on t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Comment On Defendant'S Failure To Testify cases and more on FLexlaw
[*657] HUBBART, Judge.
This is a criminal prosecution which was consolidated for trial with a violation of probation proceeding in the Circuit Court for the Eleventh Judicial Circuit of Florida. After a jury trial in which the defendant was convicted of certain charged felonies, the trial court entered adjudications of guilt thereon, revoked the defendant’s prior probation, and imposed a series of penitentiary sentences. The defendant appeals.
The central contention made by the defendant for reversal of the convictions herein, and the only contention orally argued before the court, is that the prosecuting attorney indirectly commented in his final argument to the jury on the defendant’s failure to testify at trial. In our view, the issue was not properly presented to the trial court and, accordingly, has not been preserved for appellate review. Although the defendant objected at trial to the challenged argument and moved for a mistrial, he did not object on the specific ground that he now urges on appeal, to wit: that the prosecutor’s argument constituted an indirect comment on the defendant’s failure to testify at trial. As such, the defendant has waived the issue for appellate review. Clark v. State, 363 So. 2d 331 (Fla.1978); State v. Jones, 204 So. 2d 515 (Fla.1967).
We have considered the other contentions raised by the defendant in his brief and find them to be insufficient to upset this conviction. Accordingly, we affirm.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Steinhorst v. State, 412 So. 2d 332 (Fla. 1982)…ific contention asserted as legal ground for the objection, exception, or motion below. Haager v. State, 83 Fla. 41, 90 So. 812, 813 (1922); Kelly v. State, 55 Fla. 51, 45 So. 990 (1908); Camp v. Hall, 39 Fla. 535, 22 So. 792 (1897); Black v. State, 367 So. 2d 656 (Fla. 3d DCA 1979). Secondly, even if appellant were to confine his argument on appeal to the ground raised below, we would not perceive any error. Defense counsel said the purpose of the inquiry was to impeach credibility. It is proper for such pu…
-
Tillman v. State, 471 So. 2d 32 (Fla. 1985)…presented to the lower court and the specific legal argument or ground to be argued on appeal or review must be part of that presentation if it is to be considered preserved. E.g., Steinhorst v. State, 412 So. 2d 332, 338 (Fla.1982); Black v. State, 367 So. 2d 656 (Fla. 3d DCA 1979). It is true that the trial and appeal took place before our decision in Taylor was rendered. Thus it might well be argued that there was no opportunity for defense counsel to rely on the specific ground raised now, by, for example…
-
Mathis v. State, 682 So. 2d 175 (Fla. 1st DCA 1996)…ific contention asserted as legal ground for the objection, exception, or motion below. Haager v. State, 83 Fla. 41, 90 50. 812, 813 (1922); Kelly v. State, 55 Fla. 51, 45 So. 990 (1908); Camp v. Hall, 39 Fla. 535, 22 So. 792 (1897); Black v. State, 367 So. 2d 656 (Fla. 3d DCA 1979). Steinhorst v. State, 412 So. 2d 332, 338 (Fla.1982). Our court holds that: “An appellate court will not consider grounds of objection to the admissibility of evidence unless they have been stated with specificity in the trial co…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Clark v. State, 363 So. 2d 331 (Fla. 1978)
- State v. Jones, 204 So. 2d 515 (Fla. 1967)