Smith v. State

Full title: GARY WAYNE SMITH, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: May 12, 1999

730 So. 2d 865 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2381

Opinion filed May 12, 1999. JANUARY TERM 1999

An appeal from the Circuit Court for Dade County, Lauren Levy Miller, Judge; L.T. No. 97-16456.

Bennett H. Brummer, Public Defender, Rosa C. Figarola, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, and Nicole E. Hawks, Certified Legal Intern, for appellee.

Before NESBITT, COPE and SORONDO, JJ.

PER CURIAM.

Gary Wayne Smith appeals his conviction of burglary. Assuming for present purposes that the defense objections during trial were sufficient to preserve the points for appellate review, we conclude that the objected-to prosecution closing arguments were fair reply to those of the defense. See Barwick v. State, 660 So.2d 685, 694 (Fla. 1995); Kirby v. State, 625 So.2d 51, 54 (Fla. 3d DCA 1993). Accordingly the judgment is affirmed.