Jackson v. State, 96-04290.
Decision Date | 02 December 1998 |
Docket Number | No. 96-04290.,96-04290. |
Parties | Tyrel JACKSON, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, Bartow, and Brad Permar, Assistant Public Defender, Clearwater, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.
We affirm appellant's convictions for burglary, sexual battery, and kidnaping. We write, however, to express our concern regarding certain comments that the trial court made in the jury's presence.
During the trial, the State introduced the taped statement of one of appellant's codefendants into evidence. Immediately prior to the playing of the tape to the jury, the trial court stated:
cert. denied, ___ U.S. ___, 118 S.Ct. 1535, 140 L.Ed.2d 685 (1998) ( ). In this case, it is speculation that the jury would interpret the trial court's comment as being one on appellant's guilt, as appellant suggests, and the comment does not rise to the level of fundamental error. Furthermore, if there had been an objection and motion for mistrial, the comment would have been harmless error because the evidence of guilt in this case was overwhelming. We would, however, discourage all such comments in the future.
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Chavers v. State, 2D99-239.
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Greene v. State, 4D99-2416.
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