FRANKIE JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
FRANKIE JONES, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
355 So. 2d 198
Florida District Court of Appeal, Third District (1978)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
On this appeal by Frankie Jones from a judgment of conviction following a jury trial on drug related charges, and sentence thereon, the sole point raised is that the trial court erred in failing to grant a mistrial based on alleged improper remarks made by the prosecutor during closing argument. From our review of the record in this case, no error is shown as statements made by defense counsel in opening and closing arguments invited the prosecutor’s comments. See Whitney v. State, 132 So. 2d 599 (Fla.1961); Ricks v. State, 242 So. 2d 763 (Fla. 3d DCA 1971); Francis v. State, 343 So. 2d 932 (Fla. 3d DCA 1977).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Morgan v. State, 603 So. 2d 619 (Fla. 3d DCA 1992)…e forward to give the police a statement. The defense counsel’s opening statement invited the State’s inquiry as to why Stewart left town and did not immediately come forward. See Schwarck v. State, 568 So. 2d 1326 (Fla.3d DCA 1990); Jones v. State, 355 So. 2d 198 (Fla.3d DCA 1978). Second, as the State properly concedes, the trial court erred in failing to instruct the jury as to the category two lesser included offense of aggravated battery as to Count II. Kimbrough v. State, 356 So. 2d 1294 (Fla. 4th DCA…
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Gallagher v. State, 441 So. 2d 1152 (Fla. 3d DCA 1983)…guson v. State, 417 So. 2d 639 (Fla.1982); Ray v. State, 403 So. 2d 956 (Fla.1981); Clark v. State, 363 So. 2d 331 (Fla.1978); Jacobs v. State, 389 So. 2d 1054 (Fla. 3d DCA 1980); Van Note v. State, 366 So. 2d 78 (Fla. 4th DCA 1978); Jones v. State, 355 So. 2d 198 (Fla. 3d DCA 1978); Stunson v. State, 228 So. 2d 294 (Fla. 3d DCA 1969).…
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Clark v. State, 378 So. 2d 1315 (Fla. 3d DCA 1980)…utor commented upon the silence of the defendant is strained and could not reasonably have been given the meaning attributed to it. . We, therefore, find no error on this point. See e. g., Whitney v. State, 132 So. 2d 599 (Fla.1961); Jones v. State, 355 So. 2d 198 (Fla.3d DCA 1978); and Francis v. State, 343 So. 2d 932 (Fla.3d DCA 1977). The remaining point relating to the general sentence imposed upon the two counts of which the defendant was found guilty would present reversible error under authority of Do…
Authorities Cited
- Ricks v. State, 242 So. 2d 763 (Fla. 3d DCA 1971)
- Whitney v. State, 132 So. 2d 599 (Fla. 1961)
- Hayes v. Metro. Dade Cnty., 343 So. 2d 932 (Fla. 3d DCA 1977)
- Francis v. State, 343 So. 2d 932 (Fla. 3d DCA 1977)