Jones v. State

I must respectfully dissent. I recognize the significance of the right to remain silent and the court’s duty to act as a sentinel to protect that right. However, the prosecutor’s statement in this case did not infringe upon that right.

The comment was made at the end of the State’s closing argument. Taken in context, the statement did not reflect upon the defendant’s right to remain silent. Rather, it was a permissible comment made while arguing that the state had met its burden of proof. As ■ noted by the majority, the statement was as follows:

*476Mr. Stiffler: The State of Florida has proven…