Walker v. State

The defendant, James Walker (“Walker”), appeals from a final judgment of conviction and sentence for burglary with a battery and criminal mischief. As to Walker’s claim of fundamental error based upon allegedly improper comments made by the prosecutor in closing argument, we affirm without discussion. See Davis v. State, 136 So.3d 1169 (Fla.2014); Braddy v. State, 111 So.3d 810 (Fla.2012), cert. denied, — U.S.-, 134 S.Ct. 275, 187 L.Ed.2d 199 (2013). We reverse, however, Walker’s conviction for criminal mischief and remand for his discharge on this count.

I. FACTUAL AND PROCEDURAL HISTORY

Walker…