JAMES TARPLEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The judgment and sentence from which the defendant appeals are affirmed upon a holding that: 1) the trial court’s error in refusing to allow the defendant to question the witness as to criminal convictions in Cuba, see Alvarez v. State, 467 So. 2d 455 (Fla. 3d DCA 1985), and the prosecutor’s improper comment as to sending the defendants a message, see Boatwright v. State, 452 So. 2d 666 (Fla. 4th DCA 1984), were harmless error in view of the overwhelming evidence against the defendant, see Bertolotti v. State, 476 So. 2d 130 (Fla.1985); State v. Murray, 443 So. 2d 955 (Fla.1984), and 2) the prosecutor’s comment in closing argument was proper to refer to the evidence as it existed before the jury and to point out that there was an absence of evidence on a certain issue, White v. State, 377 So. 2d 1149 (Fla.1979), cert. denied, 449 U.S. 845, 101 S.Ct. 129, 66 L.Ed.2d 54 (1980); Garcia v. State, 439 So. 2d 328 (Fla. 3d DCA 1983); Gains v. State, 417 So. 2d 719 (Fla. 1st DCA 1982), rev. denied, 426 So. 2d 26 (Fla.1983).
Affirmed.
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Rosso v. State, 505 So. 2d 611 (Fla. 3d DCA 1987)…ial where the evidence of a defendant’s guilt is overwhelming, e.g., United States v. Young, 470 U.S. 1, 105 S.Ct. 1038, 84 L.Ed.2d 1 (1985); Nicholson v. State, 486 So. 2d 688 (Fla. 3d DCA), rev. denied, 500 So. 2d 545 (Fla.1986); Tarpley v. State, 477 So. 2d 63 (Fla. 3d DCA 1985); Williard v. State, 462 So. 2d 102 (Fla. 2d DCA 1985); Zamot v. State, 375 So. 2d 881 (Fla. 3d DCA 1979). Courts are also more likely to excuse prosecutorial excesses in death penalty cases since the situation automatically engend…
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Smith v. State, 640 So. 2d 1257 (Fla. 3d DCA 1994)…d, 577 So. 2d 939 (Fla.1991); Farinas v. State, 569 So. 2d 425 (Fla.1990); Perez v. State, 604 So. 2d 916 (Fla. 3d DCA 1992); Pierre v. State, 597 So. 2d 853 (Fla. 3d DCA 1992); Roberts v. State, 500 So. 2d 338 (Fla. 4th DCA 1986); Tarpley v. State, 477 So. 2d 63 (Fla. 3d DCA 1985); Dodson v. State, 356 So. 2d 878 (Fla. 3d DCA), cert. denied, 360 So. 2d 1248 (Fla.1978), except that which urges error in the adjudications and sentences for attempted first degree murder, which pursuant to Gray v. State, 19 Fla.…
Authorities Cited
- Bertolotti v. State, 476 So. 2d 130 (Fla. 1985)
- State v. Murray, 443 So. 2d 955 (Fla. 1984)
- White v. State, 377 So. 2d 1149 (Fla. 1979)
- Gains v. State, 417 So. 2d 719 (Fla. 1st DCA 1982)
- Quinn v. Metro. Dade Cnty. Aviation Dep't, 452 So. 2d 666 (Fla. 3d DCA 1984)
- Hudson v. Maryland, 449 U.S. 845 (U.S. 1980)
- Brown v. Mitchell, 449 U.S. 845 (U.S. 1980)
- Florencio Alvarez v. State, 467 So. 2d 455 (Fla. 3d DCA 1985)
- Garcia v. State, 439 So. 2d 328 (Fla. 3d DCA 1983)