Barry v. State

ORFINGER, Judge.

In our earlier decision in this case1 we certified to the supreme court the question of whether harmless error would apply to a comment by the prosecutor on the defendant’s failure to testify. In Barry v. State, 494 So.2d 213 (Fla.1986), the supreme court held that such a comment was error, but whether or not it was reversible error would be decided on a harmless error analysis. It then remanded the case for reconsideration of the error in the light of its holding in State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

In DiGuilio, the court announced that it would apply the harmless…