Catlett v. State

District Court of Appeal of Florida

Catlett v. State

567 So. 2d 1069, 1990 Fla. App. LEXIS 7905, 1990 WL 154795

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 1990

DocketNo. 89-1391

StatusPublished

Cited by1 cases

This text of 567 So. 2d 1069 (Catlett v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Catlett v. State, 567 So. 2d 1069, 1990 Fla. App. LEXIS 7905, 1990 WL 154795 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We affirm the conviction for armed robbery. The prosecutor’s comments during closing argument were made in response to the theory of defense and to defense counsel’s statements during both opening and closing arguments. Error, if any occurred, was both invited and harmless. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

However, we vacate the defendant’s conviction for possession of a firearm during the commission of a felony. State v. Smith, 547 So.2d 613 (Fla.1989); Carawan v. State, 515 So.2d 161 (Fla.1987).

Affirmed in part; vacated in part; remanded for correction of the record.

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PER CURIAM.

We affirm the conviction for armed robbery. The prosecutor’s comments during closing argument were made in response to the theory of defense and to defense counsel’s statements during both opening and closing arguments. Error, if any occurred, was both invited and harmless. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

However, we vacate the defendant’s conviction for possession of a firearm during the commission of a felony. State v. Smith, 547 So.2d 613 (Fla.1989); Carawan v. State, 515 So.2d 161 (Fla.1987).

Affirmed in part; vacated in part; remanded for correction of the record.

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567 So. 2d 1069, 1990 Fla. App. LEXIS 7905, 1990 WL 154795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catlett-v-state-fladistctapp-1990.

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