Opinion
No. 1D04-3220.
May 4, 2006.
An appeal from the Circuit Court for Bay County. Michael C. Overstreet, Judge.
George F. Schaefer, Esquire of the Law Office of George F. Schaefer, San Diego, CA, for Appellant.
Charlie Crist, Attorney General; Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.
AFFIRMED. See King v. State, 623 So.2d 486, 488 (Fla. 1993); Taylor v. State, 640 So.2d 1127, 1133 (Fla. 1st DCA 1994) ("Improper prosecutorial comment is subject to a harmless error analysis, and will give rise to reversal of a conviction only if the comment is so prejudicial that it vitiates the entire trial."). See also Proctor v. State, 901 So.2d 994, 995 (Fla. 1st DCA 2005) ("[T]his court would not be able to address the [scrivener's] errors because, absent the trial court's ruling on a rule 3.800(b)(2) motion, these errors were not preserved. See Brannon v. State, 850 So.2d 452, 456 (Fla. 2003).").
KAHN, C.J., WOLF, and BENTON, JJ., concur.