ALVARO RESTREPO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1989-10-10
No. 88-2098
Before BASKIN, FERGUSON and COPE, JJ.
552 So. 2d 1126 Florida District Court of Appeal, Third District (1989) Caution
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

It was improper closing argument for the prosecutor to state, without support in the record, that a witness was absent “maybe because he is afraid to testify against this man.” Although the defense objection should have been sustained, we conclude that the error was harmless beyond a reasonable doubt. See State v. DiGuilio, 491 So. 2d 1129 (Fla.1986). No reversible error has been shown with respect to the other points on appeal.

Affirmed.


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Cited By

  • Adams v. State, 585 So. 2d 1092 (Fla. 3d DCA 1991)
    …orney to comment on matters outside the evidence and not naturally inferable therefrom. Huff v. State, 437 So. 2d 1087 (Fla.1983); Johnson v. State, 88 Fla. 461, 102 So. 549 (1924); Tyson v. State, 87 Fla. 392, 100 So. 254 (1924); Restrepo v. State, 552 So. 2d 1126 (Fla. 3d DCA 1989); Duque v. State, 460 So. 2d 416 (Fla. 3d DCA 1984), review denied, 467 So. 2d 1000 (Fla.1985); Williamson v. State, 459 So. 2d 1125 (Fla. 3d DCA 1984); Williams v. State, 548 So. 2d 898 (Fla. 4th DCA 1989); Libertucci v. State, 39…
  • Taylor v. State, 589 So. 2d 997 (Fla. 1st DCA 1991)
    …State, 453 So. 2d 533 (Fla. 5th DCA 1984) (two armed robbery convictions were proper where the defendant entered a grocery store and ordered a cashier to empty her register while he robbed the store supervisor in the office) with Pettigrew v. State, 552 So. 2d 1126 (Fla. 3d DCA 1989) (where the defendant took the victim’s purse at gunpoint and the purse contained a bracelet belonging to a second person, the evidence would not support dual armed robbery convictions because nothing was taken from the person of t…
  • McKENNEY v. State, 967 So. 2d 951 (Fla. 3d DCA 2007)
    …fying) witness, “wouldn’t show up as well.” On appeal, the denial of a motion for mistrial was affirmed, and the court noted that, “the prosecutor never directly suggested that the witnesses were in fear of the defendant.” Id. In Restrepo v. State, 552 So. 2d 1126 (Fla. 3d DCA 1989), this court held that, “[fit was improper closing argument for the prosecutor to state, without support in the record, that a witness was absent ‘maybe because he is afraid to testify against this man.’ ” Although that comment was…

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