Shells v. State

District Court of Appeal of Florida

Shells v. State

635 So. 2d 140, 1994 Fla. App. LEXIS 3432, 1994 WL 124396

CourtDistrict Court of Appeal of Florida

DecidedApril 13, 1994

DocketNo. 93-1297

StatusPublished

Cited by1 cases

This text of 635 So. 2d 140 (Shells 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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Shells v. State, 635 So. 2d 140, 1994 Fla. App. LEXIS 3432, 1994 WL 124396 (Fla. Ct. App. 1994).

Pincite

Opinion

PER CURIAM.

Appellant claims that his conviction and sentence should be reversed because of improper comments made by the prosecutor during voir dire, indicating that the role of both the prosecutor and defense attorney in voir dire was to pick jurors favorable to their respective clients. Although at first overruling defense objections, the trial court later determined that the objection was well taken. It gave additional instructions.

While the comments were definitely inappropriate, appellant has not shown prejudice as a result of the improper comments, as the jury was constantly reminded of its role as an impartial decision-maker. See United States v. Khoury, 901 F.2d 948 (11th Cir. 1990) and United States v. Tegzes, 715 F.2d 505 (11th Cir.1983).

We therefore affirm.

WARNER, POLEN and PARIENTE, JJ., concur.

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