WILLIE JAMES JACKSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We find that there was sufficient evidence to support the “intent” element of defendant Willie James Jackson’s attempted burglary conviction. The jury could have reasonably concluded that Jackson’s unauthorized and unannounced entry into the victim’s house coupled with his immediate flight from the house, without explanation, when seen by the victim constituted “stealthy entry.” See State v. Waters, 436 So. 2d 66 (Fla.1983); West v. State, 579 So. 2d 288 (Fla. 3d DCA 1991); Florida v. State, 522 So. 2d 1039 (Fla. 4th DCA 1988).
Additionally, we disagree with Jackson’s claim that certain comments by the prosecutor, regarding the truthfulness of the victim’s testimony, made during closing argument were improper. Following our decision in Vazquez v. State, 635 So. 2d 1088 (Fla. 3d DCA 1994), the comments were not improper as they were merely made in response to the defendant’s attack on the victim’s credibility and, in any case, the juiy was properly instructed by the trial court regarding the State’s burden of proof.
For the foregoing reasons, we affirm.
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Reid v. State, 799 So. 2d 394 (Fla. 4th DCA 2001)…idence. The State’s closing remarks were supported by the record, made in fair response to the comments made by appellant’s counsel during trial, or constituted harmless error. See Pino v. State, 776 So. 2d 1081 (Fla. 3d DCA 2001); Jackson v. State, 703 So. 2d 515 (Fla. 3d DCA 1997); see also Reyes v. State, 700 So. 2d 458, 461 (Fla. 4th DCA 1997); Craig v. State, 510 So. 2d 857 (Fla.1987). In his fourth point, appellant contends that the guilty verdicts on Counts I and II, attempted second degree murder of…
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Johnson v. State, 801 So. 2d 141 (Fla. 4th DCA 2001)…’s attack on the officer’s credibility by reminding the jury that no one had shown any reason why the officer would lie. In fact, Johnson’s closing argument attacking the credibility of Officer Sanchez invited the state’s response. Jackson v. State, 703 So. 2d 515 (Fla. 3d DCA 1997). In any event, we deem any error harmless beyond a reasonable doubt. See State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Reyes, 700 So. 2d at 461. As our reasoning applies equally to both comments made by the state, we do not addr…
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J.A.S. v. State, 952 So. 2d 638 (Fla. 2d DCA 2007)…of the backyard,” and fled when alarm sounded); M.S. v. State, 774 So. 2d 777, 778 (Fla. 3d DCA 2000) (inferring intent through statutory presumption of stealthy entry where defendant ran from back exit of apartment late at night); Jackson v. State, 703 So. 2d 515 (Fla. 3d DCA 1997) (stating the “jury could have reasonably concluded that [defendant’s] unauthorized and unannounced entry into the victim’s house coupled with his immediate flight from the house, without explanation, when seen by the victim consti…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Waters, 436 So. 2d 66 (Fla. 1983)
- Butterworth v. State, 522 So. 2d 1039 (Fla. 4th DCA 1988)
- West v. State, 579 So. 2d 288 (Fla. 3d DCA 1991)
- Vazquez v. State, 635 So. 2d 1088 (Fla. 3d DCA 1994)
- Lopez v. State, 635 So. 2d 1088 (Fla. 3d DCA 1994)