Orlando v. State

District Court of Appeal of Florida

Orlando v. State

681 So. 2d 912, 1996 Fla. App. LEXIS 11115, 1996 WL 604462

District Court of Appeal of Florida·Decided October 23, 1996·No. No. 96-868·Published

Opinion

PER CURIAM.

We find no merit in the defendant’s contentions that certain comments made by the prosecutor vitiated his entire trial and therefore affirm on the basis of § 59.041, Fla. Stat. (1995); Holton v. State, 573 So.2d 284 (Fla.1990), cert. denied, 500 U.S. 960, 111 S.Ct. 2275,114 L.Ed.2d 726 (1991); Duest v. State, 462 So.2d 446 (Fla.1985); Irving v. State, 627 So.2d 92 (Fla. 3d DCA 1993); Hightower v. State, 592 So.2d 689 (Fla. 3d DCA 1991); Shaara v. State, 581 So.2d 1339 (Fla. 1st DCA 1991).

However, the state concedes error as to the defendant’s sentence for robbery, so we reverse that sentence and remand for resen-tencing in accord with section 775.084, Florida Statutes (1995).

Affirmed in part, reversed in part.

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PER CURIAM.

We find no merit in the defendant’s contentions that certain comments made by the prosecutor vitiated his entire trial and therefore affirm on the basis of § 59.041, Fla. Stat. (1995); Holton v. State, 573 So.2d 284 (Fla.1990), cert. denied, 500 U.S. 960, 111 S.Ct. 2275,114 L.Ed.2d 726 (1991); Duest v. State, 462 So.2d 446 (Fla.1985); Irving v. State, 627 So.2d 92 (Fla. 3d DCA 1993); Hightower v. State, 592 So.2d 689 (Fla. 3d DCA 1991); Shaara v. State, 581 So.2d 1339 (Fla. 1st DCA 1991).

However, the state concedes error as to the defendant’s sentence for robbery, so we reverse that sentence and remand for resen-tencing in accord with section 775.084, Florida Statutes (1995).

Affirmed in part, reversed in part.

Orlando v. State, 681 So. 2d 912, 1996 Fla. App. LEXIS 11115, 1996 WL 604462 (Fla. Ct. App. 1996).

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Opinion

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