District Court of Appeal of Florida

A conviction for trafficking in cocaine is reversed for a new trial where the prosecutor improperly commented on defendant's failure to produce certain evidence, and it was not possible to say beyond a reasonable doubt that the error had no effect on the jury.

Appellate Information

• Decided 12/06/2006
• Published 12/06/2006

Judges

• FARMER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Laura Fisher, Zibura, Assistant Attorney General, West Palm Beach, for appellee.