KEITH DWAYNE JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Defendant's conviction and 27-year sentence affirmed because he failed to preserve for appeal his objection to prosecutor's comments during closing argument, and the comments presented no fundamental error.
A defendant who fails to object to prosecutorial comments at trial cannot raise them on appeal unless they constitute fundamental error.
[1] Failure to object to prosecutorial comments at trial bars appellate review unless the comments constitute fundamental error.
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Join FLexlaw to unlock all legal intelligenceKeith Dwayne Jones was convicted on multiple counts and sentenced to 27 years imprisonment. The prosecutor made four allegedly impermissible comments …
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PER CURIAM.
This is an appeal by the defendant Keith Dwayne Jones from multiple judgments of convictions and a sentence of twenty-seven years imprisonment. The defendant’s sole point on appeal is that the prosecuting attorney made foúr impermissible comments during his final argument to the jury.
We affirm the judgments of conviction and sentence appealed from upon a holding that (a) the point has not been properly preserved for appellate review because the defendant did not object to the complained-of comments in the trial court; and (b) the subject comments present no fundamental error. Jones v. State, 411 So. 2d 165, 166 (Fla.), cert. denied, 459 U.S. 891, 103 S.Ct. 189, 74 L.Ed.2d 153 (1982); State v. Cumbie, 380 So. 2d 1031 (Fla.1980); Clark v. State, 363 So. 2d 331 (Fla.1978), overruled on other grounds, State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Gibson v. State, 351 So. 2d 948, 950 (Fla.1977), cert. denied, 435 U.S. 1004, 98 S.Ct. 1660, 56 L.Ed.2d 93 (1978); Darden v. State, 329 So. 2d 287, 291 (Fla.1976), cert. dismissed, 430 U.S. 704, 97 S.Ct. 1671, 51 L.Ed.2d 751 (1977); State v. Jones, 204 So. 2d 515 (Fla.1967); Kindell v. State, 413 So. 2d 1283, 1285-86 (Fla. 3d DCA 1982); Joiner v. State, 382 So. 2d 1357, 1359 (Fla. 1st DCA), rev. denied, 388 So. 2d 1114 (Fla. 1980).
Affirmed.
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Inscho v. State, 521 So. 2d 164 (Fla. 5th DCA 1988)…(Fla. 3d DCA 1987); Johnson v. State, 513 So. 2d 1388 (Fla. 3d DCA 1987); Priester v. State, 513 So. 2d 796 (Fla. 4th DCA 1987); Bellinger v. State, 513 So. 2d 732 (Fla. 3d DCA 1987); Sims v. State, 513 So. 2d 671 (Fla. 2d DCA 1987); Reid v. State, 512 So. 2d 1161 (Fla. 3d DCA 1987); Condiles v. State, 512 So. 2d 331 (Fla. 3d DCA 1987); King v. State, 511 So. 2d 1131 (Fla. 4th DCA 1987); Hall v. State, 511 So. 2d 1038 (Fla. 1st DCA 1987); Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987); Smith v. Wainwrig…
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Johnson v. State, 513 So. 2d 1388 (Fla. 3d DCA 1987)…PER CURIAM. Affirmed. Mulvey v. State, 41 So. 2d 156 (Fla.1949); Myers v. State, 499 So. 2d 895 (Fla. 1st DCA 1986). This case presents the same question certified in Bellinger v. State, 513 So. 2d 732 (Fla. 3d DCA 1987), Reid v. State, 512 So. 2d 1161 (Fla. 3d DCA 1987), and Condiles v. State, 512 So. 2d 331 (Fla. 3d DCA 1987). Accordingly, we certify the following question to the Florida supreme court so that this case may be paired for review with Bellinger, Reid, Condiles, Hoefert v. State,…
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Wooten v. State, 515 So. 2d 331 (Fla. 3d DCA 1987)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (14 total)
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Clark v. State, 363 So. 2d 331 (Fla. 1978)
- State v. Jones, 204 So. 2d 515 (Fla. 1967)
- State v. Cumbie, 380 So. 2d 1031 (Fla. 1980)
- Darden v. Florida, 430 U.S. 704 (U.S. 1977)
- Darden v. State, 329 So. 2d 287 (Fla. 1976)
- Gibson v. State, 351 So. 2d 948 (Fla. 1977)
- Vorchheimer v. Sch. Dist. of Philadelphia, 430 U.S. 703 (U.S. 1977)
- Jones v. State, 411 So. 2d 165 (Fla. 1982)
- Kindell v. State, 413 So. 2d 1283 (Fla. 3d DCA 1982)