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394 So. 2d 557

Docket No. 77-1950.

Houston v. State

Nathaniel HOUSTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1981-03-03

Cited by 7 later decisions — most recently March 1999

7 state decisions

Relies on Clark v. State · State v. Cumbie · Spenkelink v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-03-03

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¶1Bennett H. Brummer, Public Defender and Ellen L. Leesfield, Sp. Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

¶3Before BARKDULL, HENDRY and SCHWARTZ, JJ.

¶4PER CURIAM.

¶5The appellant was charged, tried and convicted of the crime of robbery, for which he was sentenced to life imprisonment. During closing argument at trial, the prosecutor made several comments which attacked the veracity of the appellant. Two examples of those statements are:

"Who is telling the truth? If a witness has shown to have knowingly testified falsely concerning any material matter — and he did, he testified falsely — you have a right to distrust such a witness."
"Who is telling the truth in this case? Him? The convicted felon? He is telling you the truth, or Bacallao, Reyes, Cohen, and a police officer? They are telling you the truth in this case. What do they have to gain? What does he have to lose?"

¶6Appellant's counsel objected to these remarks, but at no time did he request a curative instruction or a mistrial.

¶7On appeal, the appellant contends the prosecutory's highly prejudicial comments, made in his closing argument, were so improper as to deny him of his right to a fair trial.

¶8*558 We affirm on the authority of Clark v. State,363 So.2d 331 (Fla. 1978); Nevels v. State,364 So.2d 517 (Fla. 1st DCA 1978); State v. Cumbie,380 So.2d 1031 (Fla. 1980); cf. Spenkelink v. State,350 So.2d 85 (Fla. 1977).

¶9Affirmed.

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