Smith v. State

Stephen Smith appeals his conviction of first degree murder, robbery with a deadly weapon and armed burglary with assault. We affirm these convictions.

Among other things appellant argues that the prosecutor impermissibly mentioned penalties during closing argument. We note in passing that appellant refused a curative instruction on the grounds that it was ineffective as worded. He did not offer a corrective instruction. As we held in Valdez v. State, 613 So.2d 916, 918 (Fla. 4th DCA), appeal after remand, 624 So.2d 857 (Fla. 4th DCA 1993), it is improper for the state to comment on possible…