ANTONIO HODGSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE.
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The appellate court affirmed a conviction for manslaughter, holding that the prosecutor's comment during closing argument, while potentially ambiguous, was not an improper comment on the defendant's right to remain silent but rather a response to the defense's argument about innocent conduct.
The court held that the prosecutor's statement was not an improper comment on the defendant's failure to testify, as it was made in response to the defense's argument that the State was relying on innocent conduct to prove guilt.
During closing arguments, the prosecutor stated, "He is not on the stand because he paid for a hotel room." The defense objected, arguing this was an …
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Affirmed.