JOSHUA LINGEBACH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSHUA LINGEBACH, APPELLANT,
STATE OF FLORIDA, APPELLEE
990 So. 2d 1213
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 1 case
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Opinion of the Court
WOLF, J.
We affirm appellant’s conviction. We write to let the trial court and the prosecutor know that a statement made during closing argument by the prosecutor was inappropriate. During closing argument, the prosecutor made the following remark:
[A]t the end of the day you might say to yourself: What is this really all about with the evidence? What are we doing here? Why are we sitting in the box as jurors? The reason we’re here is because this defendant doesn’t want to take responsibility or be accountable for his actions.
This comment constituted an inappropriate comment on appellant’s right to a jury trial. Were it not for the overwhelming evidence of guilt which convinces us that the error could not have reasonably affected or contributed to the verdict, we would be required to reverse. See State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
POLSTON and ROBERTS, JJ., concur.
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Citator
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Wiley v. State (Fla. 2d DCA 2020)…(Fla. 2d DCA 1976) (holding that defendant's fingerprint on a heroin-containing envelope that was on the ground about fifteen feet away from the defendant was insufficient to prove the defendant's knowledge of the heroin's presence); Doles v. State, 990 So. 2d 1213, 1214 (Fla. 1st DCA 2008) (holding that the evidence was insufficient to establish constructive possession when "[t]he only evidence directly connecting the appellant to the cocaine and marijuana, which were found in an open shoe box lying in the un…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)