Kreiser v. State

COBB, Judge.

The defendant appeals his conviction of burglary on grounds of allegedly prejudicial comments by the prosecutor during closing argument and the refusal by the trial court to instruct on the maximum penalty. We have reviewed the comments cited by defendant and do not find them so prejudicial as to warrant a new trial. See Oliva v. State, 346 So.2d 1066 (Fla.3d DCA 1977), cert. dismissed 348 So.2d 951 (Fla.1977); Johnson v. State, 348 So.2d 646 (Fla.3d DCA 1977). Moreover, the defendant’s failure to timely object to those comments precludes appellate review. Clark v. State, 363…