Arrieta v. State

Full title: ERIC ARRIETA, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Nov 22, 2006

Case No. 3D05-551 (Fla. Dist. Ct. App. Nov. 22, 2006)

Opinion

Case No. 3D05-551.

Opinion filed November 22, 2006.

An Appeal from the Circuit Court for Miami-Dade County, Rosa Rodriguez, Judge, Lower Tribunal No. 01-36961.

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Valentina M. Tejera, Assistant Attorney General, for appellee.

Before COPE, C.J., and GERSTEN, and RAMIREZ, JJ.

PER CURIAM.

Affirmed. The one-time comment by the prosecutor during closing argument that the detective and the sergeant would not risk their careers to frame the defendant, even if objectionable and duly preserved, did not rise to the level of fundamental error, which must "reach down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error." Farina v. State, 937 So. 2d 612, 629 (Fla. 2006).

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.