Opinion
No. 75-871.
February 17, 1976.
Appeal from the Circuit Court, Dade County, George Orr, J.
Phillip A. Hubbart, Public Defender, and Mark King Leban, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Linda Collins Hertz, Asst. Atty. Gen., for appellee.
Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
The single point presented on this appeal after defendant was found guilty by a jury of robbery, adjudicated guilty and sentenced to life imprisonment is that the trial court erred in denying defendant the right to comment on his codefendant's failure to take the stand at the trial. Appellant at no time asked for a severance, and his claim of a right to comment upon his codefendant's failure to testify came at the end of the trial.
Under these circumstances, no error is presented because to have allowed the comment would have required a mistrial for appellant's codefendant. Cf. Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965).
Affirmed.