CALBERT DAWSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CALBERT DAWSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
798 So. 2d 893
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
Calbert Dawson filed a petition for a belated appeal of his conviction for robbery with a firearm, alleging ineffective assistance of counsel. The State stipulated that he should be granted a belated appeal. We affirm his conviction without prejudice to raise his claims at an evidentiary hearing pursuant to Florida Rule of Criminal Procedure 3.850.
STONE, FARMER and HAZOURI, JJ., concur.
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Ramirez v. State, 1 So. 3d 383 (Fla. 4th DCA 2009)…he jury’s attention to the defendant’s failure to produce photographs because the State did not have equal access to the evidence.1 We generally review a trial court’s decisions on evidentiary matters for an abuse of discretion. Gutierrez v. State, 798 So. 2d 893 (Fla. 4th DCA 2001). The State is not permitted to “comment on a defendant’s failure to produce evidence to refute an element of the crime.” Id. at 894 (quoting Jackson v. State, 575 So. 2d 181, 188 (Fla.1991)). “[D]oing so could erroneously lead t…
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Lucier v. State, 189 So. 3d 161 (Fla. 4th DCA 2016)…T]he state cannot comment on a defendant’s failure to produce evidence to refute an element of the crime, because doing so could erroneously lead the jury to believe that the defendant carried the burden of introducing evidence.” Gutierrez v. State, 798 So. 2d 893, 894 (Fla. 4th DCA 2001) (quoting Jackson v. State, 575 So. 2d 181, 188 (Fla.1991)). The exception to this rule occurs “when the defendant voluntarily assumes some burden of proof by asserting the defense of alibi, self-defense, and defense of other…