Kiley v. State
Kiley v. State
Opinion of the Court
We affirm appellant’s judgment of conviction and sentence. Appellant’s claim that the trial court’s introductory remarks to the venire during jury selection were improper comments on his right to remain silent and on his burden of proof was unpreserved. See Goodwin v. State, 751 So.2d 537 (Fla. 1999); Gutierrez v. State, 731 So.2d 94 (Fla. 4th DCA 1999).
Under a harmless error analysis, the state proved beyond a reasonable doubt that the trial judge’s comment did not contribute to the verdict. Unlike Varona, the evidence in this case was overwhelmingly conclusive. Hence, the trial court’s comments did not contribute to appellant’s guilty verdict. See Varona, 674 So.2d at 825; State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).
At no time did the court, in the context of discussing a defendant’s right to remain silent, devalue or demean that right.
We affirm as to all other issues raised on appeal, without comment, including appellant’s sentence as a habitual violent felony offender.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.