JACK PHILLIP CATLETT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JACK PHILLIP CATLETT, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
567 So. 2d 1069
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the conviction for armed robbery. The prosecutor’s comments during closing argument were made in response to the theory of defense and to defense counsel’s statements during both opening and closing arguments. Error, if any occurred, was both invited and harmless. See State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
However, we vacate the defendant’s conviction for possession of a firearm during the commission of a felony. State v. Smith, 547 So. 2d 613 (Fla.1989); Carawan v. State, 515 So. 2d 161 (Fla.1987).
Affirmed in part; vacated in part; remanded for correction of the record.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Catlett v. State, 627 So. 2d 558 (Fla. 3d DCA 1993)…50. Prior to the filing of these Rule 3.850 motions, this court affirmed on direct appeal the defendant’s armed robbery convictions and sentences entered at two separate trials. Catlett v. State, 568 So. 2d 1325 (Fla. 3d DCA 1990); Catlett v. State, 567 So. 2d 1069 (Fla. 3d DCA 1990). We affirm the orders under review because, simply stated, the allegations of the defendant’s motions to vacate, even if true, do not state a sufficient ground for collateral attack relief or are otherwise refuted by the files and…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Smith, 547 So. 2d 613 (Fla. 1989)