Andres v. State

The prosecutor’s closing argument statement: “There is no testimony at this point in the evidence to indicate that he ever intended to withdraw [from the conspiracy],” was, beyond any dispute, susceptible of being interpreted by the jury as referring to the defendant’s failure to testify, and, the error having been preserved by timely objection and motion for mistrial, reversal of Andres’ conviction is required even if the statement could be deemed harmless. Harris v. State, 438 So.2d 787 (Fla.1983); Donovan v. State, 417 So.2d 674 (Fla.1982); David v. State, 369 So.2d 943 (Fla.1979);…