Florida District Courts of Appeal, 1998

Ridenour v. State

Ridenour v. State
Florida District Courts of Appeal · Decided March 25, 1998 · Green, Northcutt, Patterson
707 So. 2d 1183; 1998 Fla. App. LEXIS 2882; 1998 WL 130075 (Southern Reporter, Second Series)

Ridenour v. State

Opinion of the Court

NORTHCUTT, Judge.

Cable Ridenour challenges his convictions for aggravated battery on the ground that the prosecutor made allegedly improper comments during closing argument. Defense counsel did not object to any of the State’s remarks. In his argument on appeal, Riden-our also charges that his counsel was ineffective, based on this failure to object. We hold that the prosecutor’s statements did not rise to the level of fundamental error, and affirm Ridenour’s conviction. Our affirmance is without prejudice to his filing a motion under Florida Rule of Criminal Procedure 3.850 to assert his claim of ineffective assistance of counsel.

Affirmed.

PATTERSON, A.C.J., and GREEN, J., concur.

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