Opinion
No. 98-1159
Opinion filed June 16, 1999
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; L.T. No. 97-12177CF10A.
Richard L. Jorandby, Public Defender, and Christopher A. Haddad, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.
We affirm appellant's conviction for delivery of cocaine. The prosecutor's closing stayed within the bounds of a fair reply to the defense argument concerning "lack of evidence." Cf. Hazelwood v. State, 658 So.2d 1241 (Fla.4th DCA 1995) (prosecutor went beyond permissible bounds of reply when he suggested that other witnesses "would corroborate the state's case had they been called to testify."). We also affirm appellant's sentence as an habitual felony offender, without prejudice to seek post-conviction relief. See Torres v. State, 715 So.2d 1151 (Fla.4th DCA 1998); Speights v. State, 711 So.2d 167 (Fla.1st DCA), review granted, 728 So.2d 204 (Fla. Nov. 16, 1998).
AFFIRMED.
STONE, C.J., WARNER and GROSS, JJ., concur.