Florida District Courts of Appeal, 1990

Catlett v. State

Catlett v. State
Florida District Courts of Appeal · Decided October 16, 1990 · Barkdull, Jorgenson, Nesbitt
567 So. 2d 1069; 1990 Fla. App. LEXIS 7905; 1990 WL 154795 (Southern Reporter, Second Series)

Catlett v. State

Opinion of the Court

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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