Breeden v. State

2 Citing cases

  1. Smith v. State

    333 So. 3d 255 (Fla. Dist. Ct. App. 2022)   Cited 2 times

    Since Smith preserved none of his arguments about improper comments, we review the contested comments for fundamental error. SeeBreeden v. State , 226 So. 3d 336, 337 (Fla. 1st DCA 2017). A fundamental error is one that "reaches 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."

  2. Smith v. State

    312 So. 3d 523 (Fla. Dist. Ct. App. 2020)   Cited 1 times

    Appellant did not object to the comment, and so we review it for fundamental error. SeeBreeden v. State , 226 So. 3d 336, 336–37 (Fla. 1st DCA 2017). Appellant relies on Nurse v. State , 932 So. 2d 290, 292 (Fla. 2d DCA 2005), where the prosecutor stated that the defendant no longer had the presumption of innocence.