ARRIETA v. STATE (2007)

District Court of Appeal of Florida,Third District.

Eric ARRIETA, Appellant, v. The STATE of Florida, Appellee.

No. 3D05-551.

Decided: January 17, 2007

Before COPE, C.J., and GERSTEN, and RAMIREZ, JJ.

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Bill McCollum, Attorney General, and Valentina M. Tejera, Assistant Attorney General, for appellee.

ON MOTION TO CLARIFY COURT'S OPINION-GRANTED

The motion to clarify the court's opinion is granted. The opinion filed in this cause on November 22, 2006, is hereby withdrawn, and we issue the following clarified opinion in its place.

Affirmed. The one-time comment by the prosecutor during closing argument that the detective and the sergeant would not risk their careers to frame the defendant did not rise to the level of fundamental error, which must “reach down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.” Farina v. State, 937 So.2d 612, 629 (Fla.2006).

PER CURIAM.

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