Mathis v. State

I must respectfully dissent from the opinion of the majority. From a reading *849of the cases cited by the majority as well as other applicable decisions it is my belief that the comments made by the prosecutor during closing argument cannot be construed as a comment upon the defendant’s failure to testify in his own behalf.

The decision in State v. Jones, Fla.1967, 204 So.2d 515, cited by the majority, readily points up the differing fact circumstances in those cases treating the question of comments by prosecutors on a defendant’s failure to testify and the importance of analyzing a prosecutor’s…