Catlett v. State

District Court of Appeal of Florida

Catlett v. State

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

District Court of Appeal of Florida·Decided October 16, 1990·No. No. 89-1391·Published·Cited by 1 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

567 So. 2d 1069 (Catlett v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related