Britt v. State

WALDEN, Judge.

Appellant was convicted by a jury of entering without breaking to commit a misdemeanor. The appellant was sentenced to five years imprisonment. He bases this appeal on the theory that certain comments-questions made by the prosecutor on voir dire were prejudicial.

There are ample cases to support the proposition that a prosecutor may not directly or indirectly comment on a defendant’s failure to take the stand. See Trafficante v. State, 92 So.2d 811 (Fla.1957) ; Childers v. State, 277 So.2d 594 (4th D.C. A.Fla.1973); Young v. State, 280 So.2d 13 (2d D.C.A.Fla.1973) ; Carter v.…