Williams v. State

SCHWARTZ, Chief Judge.

The sole claim of trial error on this appeal from a conviction for attempted first degree murder stems from the prosecutor’s comment in final argument concerning the defendant’s failure to take the stand. The record shows, however, that the remark was in fair rebuttal to the defense argument. See Brown v. State, 367 So.2d 616 (Fla.1979). Moreover, the only relief sought below was granted by the trial judge by sustaining an objection to the comment and, as requested, explicitly instructing the jury to disregard it. In the absence of a motion for mistrial or fundamental…