MICHAEL SMALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
This court having previously issued a show cause order why this appeal should not be dismissed as being untimely filed, and appellee having filed a response thereto, and it appearing that the notice of appeal was filed more than 30 days after denial of the motion for rehearing, and appellant relying on a subsequent motion for reconsideration staying the time to file the notice of appeal, upon consideration, it is ordered that this appeal is dismissed as untimely. Appellant’s motion for reconsideration was filed too late to consider as a timely motion to stay the appeal time, see Mays v. State, 345 So. 2d 356 (Fla. 4th DCA 1977). Also, appellant is limited to one rehearing motion to stay the time for appeal. See Machevitch v. VanHarren, 429 So. 2d 1255 (Fla. 3rd DCA 1983).
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Pacifico v. State, 642 So. 2d 1178 (Fla. 1st DCA 1994)…damental error. We agree. The first such instance concerns the prosecutor’s “free man” comment. It is improper for a prosecutor to tell or to infer to jurors that it is their duty to convict the accused for the good of society. See Alvarez v. State, 574 So. 2d 1119, 1120-1121 (Fla. 3d DCA 1991); Gomez v. State, 415 So. 2d 822, 823 (Fla. 3d DCA 1982). Here, the prosecutor commented: “If the defendant walks out of here a free man today, that’s your decision,” and, “Now, does he walk out of this courtroom today…
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Lewis v. State, 711 So. 2d 205 (Fla. 3d DCA 1998)…0 So. 2d 279, 280 (Fla. 3d DCA 1990)(a prosecutor may not ridicule a defendant or his theory of defense); Rosso v. State, 505 So. 2d 611, 612 (Fla. 3d DCA 1987); Briggs v. State, 455 So. 2d 519, 520-21 (Fla. 1st DCA 1984). See also Alvarez v. State, 574 So. 2d 1119 (Fla. 3d DCA 1991); Jackson v. State, 421 So. 2d 15 (Fla. 3d DCA 1982); Carter v. State, 356 So. 2d 67 (Fla. 1st DCA 1978). The most disquieting aspect of this impropriety was the prosecutor’s response to the defendant’s motion for new trial subsequ…
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State v. Benton, 662 So. 2d 1364 (Fla. 3d DCA 1995)….1993) (prosecutor’s comment described “defense as an ‘octopus’ clouding the water in order to ‘slither away1 ... not so outrageous as to taint the jury’s finding of guilt.”); Lopez v. State, 555 So. 2d 1298 (Fla. 3d DCA 1990); cf. Alvarez v. State, 574 So. 2d 1119 (Fla. 3d DCA 1991) (repeated comments). As to the state’s impermissible comment on defendant’s right to remain silent, defendant’s failure to request a curative instruction or a mistrial1 after the court apparently sustained defendant’s objection pr…
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- Inaky Markevitch and Serena Markevitch v. van Harren, 429 So. 2d 1255 (Fla. 3d DCA 1983)
- Crezonzo Jerrel Mays v. State, 345 So. 2d 356 (Fla. 4th DCA 1977)