FRANCISCO CRUZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
FRANCISCO CRUZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
328 So. 2d 24
Florida District Court of Appeal, Third District (1976)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The single point presented on this appeal after defendant was found guilty by a jury of robbery, adjudicated guilty and sentenced to life imprisonment is that the trial court erred in denying defendant the right to comment on his codefendant’s failure to take the stand at the trial. Appellant at no time asked for a severance, and his claim of a right to comment upon his codefend-ant’s failure to testify came at the end of the trial.
Under these circumstances, no error is presented because to have allowed the comment would have required a mistrial for appellant’s codefendant. Cf. Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965).
Affirmed.
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Citator
Cited By
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Perez v. State, 377 So. 2d 806 (Fla. 3d DCA 1979)…(1964); 81 C.J.S. Social Security § 226 (1977). Perez claims also that, even if there were no good cause, the disqualification provisions of § 443.06(l)(a) nevertheless should not be applied. Relying on Rodriguez v. Florida Department of Commerce, 328 So. 2d 24 (Fla. 3d DCA 1976), it is argued that the legislature “could not have intended” the statute to cover a case in which an employee leaves over a dispute with his employer but returns when the situation is corrected after missing only two days work. We…
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Dep't OF Educ. v. Bettie C. Atwater & Dep't of Labor & Emp. Sec. State of Fla., 417 So. 2d 749 (Fla. 1st DCA 1982)…k within the meaning of the disqualification statute. Granted the humanitarian nature of the unemployment compensation act, see, e.g., City of Ft. Lauderdale v. Fowler, 355 So. 2d 159 (Fla. 4th DCA 1978); Rodriguez v. Florida Department of Commerce, 328 So. 2d 24 (Fla. 3d DCA 1976), it nonetheless becomes illogical if not outright ludicrous to require an employer first to discharge an employee whose termination is known by the employee to be imminent, before offering the employee other suitable work, in orde…
Authorities Cited
- Griffin v. California, 380 U.S. 609 (U.S. 1965)