Florida District Courts of Appeal, 1990

Neely v. State

Neely v. State
Florida District Courts of Appeal · Decided February 13, 1990 · Cope, Gersten, Nesbitt
557 So. 2d 122; 1990 Fla. App. LEXIS 792; 1990 WL 11783 (Southern Reporter, Second Series)

Neely v. State

Opinion of the Court

PER CURIAM.

From the outset of the trial the defense brought forward the defendant’s explanation for his presence in the hotel at the time of the robbery. That distinguishes the present case from Bayshore v. State, 437 So.2d 198 (Fla.3d DCA 1983). The prosecutor’s remark in closing was fair comment upon the opening statement by the defense. See id. at 199.

Affirmed.

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