TERRY LEE COLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Terry Lee Coley appeals his conviction for robbery with a firearm, arguing that the trial court erred in allowing the prosecutor to comment on the truthfulness of his testimony during closing argument. The appellate court affirms, holding that where a defendant testifies contrary to overwhelming evidence, his credibility is subject to prosecution attack.
The court held that the trial court did not commit reversible error. Where a defendant elects to testify and testifies contrary to the reasonable inferences from overwhelming evidence, his credibility is properly subject to attack and comment by the prosecution, and any such comments are harmless in light of the overwhelming evidence.
[1] A prosecutor may comment on the credibility of a defendant's testimony during closing arguments when the defendant testifies contrary to the reasonable inferences drawn f…
[2] Comments made by a prosecutor regarding a defendant's credibility during closing arguments may be deemed harmless error in light of overwhelming evidence of guilt.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Where a defendant elects to testify in his defense, and in so doing, testifies contrary to the reasonable inferences to be drawn from the overwhelming weight of the other evidence, his credibility is properly subject to attack and comment by the prosecution.”
Establishes the legal standard permitting prosecution credibility attacks during closing argument when defendant's testimony contradicts overwhelming evidence
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn November 14, 1982, Coley was arrested at a Wendy's restaurant during an active robbery after police received a call from an employee. Officers foun…
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CAMPBELL, Judge.
Appellant, Terry Lee Coley, appeals his conviction and sentence for robbery with a firearm. Appellant argues that the trial court erred in allowing the prosecutor to comment on the truthfulness of his testimony. We affirm.
On November 14, 1982, appellant was arrested in a Wendy’s restaurant as a result of a call to the police from one of the employees stating that a robbery was taking place. When the police arrived, appellant was observed in the restaurant with a revolver in his hand. The officers thereupon ordered appellant to lie down and he was arrested. A set of brass knuckles and a revolver were found on the floor next to appellant.
Appellant testified that on the night in question, he and Lucious Weaver were driving to Sarasota when Weaver asked him to park his car so he could collect some money from a friend. Weaver then left the car on foot. Appellant then walked to Wendy’s because he was diabetic and needed to eat. When he arrived at the restaurant, he observed Weaver inside and knocked on the door. Weaver let appellant into the restaurant and appellant suggested they leave. He stated that he hoped to prevent Weaver from committing the robbery. However, when he realized that he could not stop Weaver, he laid down on the floor because he was weak and afraid.
At trial, the prosecutor commented on appellant’s testimony in his closing argument by raising doubts as to the truthfulness of appellant’s statements. We find no merit in appellant’s assertion that the trial court committed reversible error in allowing the prosecutor to attack his credibility.
There was overwhelming evidence against appellant, including the descriptive testimony of several employees who were at the restaurant when the robbery took place. Nevertheless, appellant took the stand and attempted to explain away his responsibility for the crime. As a result, the prosecutor pointed out in detail, from the facts and witnesses, the circumstances that indicated that appellant was lying.
In Hall v. State, 444 So. 2d 1019 (Fla. 3d DCA 1984), the court held certain comments made by the prosecutor to be legally harmless in light of the overwhelming evidence against Hall, which included the testimony of two eyewitnesses and the victim. Likewise, in State v. Murray, 443 So. 2d 955 (Fla.1984), the Florida Supreme Court stated that the defendant’s credibility was subject to attack during closing argument, and any comments were harmless due to the overwhelming evidence. Where a defendant elects to testify in his defense, and in so doing, testifies contrary to the reasonable inferences to be drawn from the overwhelming weight of the other evidence, his credibility is properly subject to attack and comment by the prosecution.
Accordingly, we affirm the judgment of the trial court on the authority of Hall v. State and State v. Murray.
GRIMES, A.CJ., and LEHAN, J., concur.
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Dania Antwan Covington v. State, 842 So. 2d 170 (Fla. 3d DCA 2003)…permissible for counsel to argue, based on the record, that one witness should be believed and another should not. Shellito v. State, 701 So. 2d 837, 841-42 (Fla.1997); see Forman v. Wallshein, 671 So. 2d 872, 874 (Fla. 3d DCA 1996); Coley v. State, 449 So. 2d 409, 410 (Fla. 2d DCA 1984); see also United States v. Molina, 934 F. 2d 1440, 1445 (9th Cir.1991); State v. Aguilar, 117 N.M. 501, 873 P. 2d 247, 253 (1994); People v. Crane, 308 Ill.App.3d 675, 242 Ill.Dec. 378, 721 N.E. 2d 657, 668 (1999). In arguin…
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Hollice Danell Lafleur v. State, 497 So. 2d 1323 (Fla. 3d DCA 1986)…PER CURIAM. Affirmed. Duest v. State, 462 So. 2d 446 (Fla.1985); Coley v. State, 449 So. 2d 409 (Fla. 2d DCA 1984); Williams v. State, 425 So. 2d 591 (Fla. 3d DCA 1982); Sections 59.041 and 924.33, Florida Statutes (1985).…
Authorities Cited
- State v. Murray, 443 So. 2d 955 (Fla. 1984)
- Hall v. State, 444 So. 2d 1019 (Fla. 3d DCA 1984)