ALPHONSO PETERSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Dixon v. State, 627 So. 2d 19 (Fla. 2d DCA 1993)
  …ly implied that Dixon failed to testify on his own behalf. Since Dixon was the only one who could refute the testimony of the state’s key witness, the child’s mother, the remarks were prejudicial and constituted reversible error. See Abreu v. State, 511 So. 2d 1111 (Fla. 2d DCA 1987). The state failed to prove beyond a reasonable doubt that the error did not contribute to the verdict; therefore, Dixon is entitled to a new trial. Reversed and remanded for further proceedings. RYDER, A.C.J., and ALTENBERND, J.…
• Stone v. State, 548 So. 2d 307 (Fla. 2d DCA 1989)
  …lent is subject to the harmless error doctrine, with the burden falling on the state to convince the reviewing court that the error is harmless beyond a reasonable doubt. DiGuilio; Freeman v. State, 538 So. 2d 936 (Fla. 2d DCA 1989); Abreu v. State, 511 So. 2d 1111 (Fla. 2d DCA 1987). The parties offer divergent interpretations of the prosecutor’s comment and its effect on this appeal. Appellant contends that the words “He’s either got to say ...” are fairly susceptible of being interpreted as a comment on hi…
• Holloman v. State, 573 So. 2d 134 (Fla. 2d DCA 1991)
  …prosecutor were fairly susceptible of being interpreted by the jury as comments on appellant’s failure to testify. State v. Kinchen, 490 So. 2d 21 (Fla.1985). We are unable to distinguish the circumstances in this case from those in Abreu v. State, 511 So. 2d 1111 (Fla. 2d DCA 1987). The' state here, as in Abreu, has not met the test of showing that the comment was harmless beyond a reasonable doubt. We, therefore, must reverse and remand this cause for a new trial. SCHOONOVER, C.J., and HALL, J., concur.…

Authorities Cited

• State v. Learnhart Rhoden, 448 So. 2d 1013 (Fla. 1984)
• Gentry v. State, 488 So. 2d 161 (Fla. 5th DCA 1986)
• Addison v. State, 503 So. 2d 961 (Fla. 1st DCA 1987)