Lewis v. State

Full title: JOHN P. LEWIS, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 31, 2004

868 So. 2d 678 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D02-2739.

Opinion filed March 31, 2004.

An Appeal from the Circuit Court for Dade County, Norman Gerstein, Judge, Lower Tribunal No. 01-7696.

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

Charles J. Crist, Jr., Attorney General and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.

PER CURIAM.

We reject the sole claim of trial error, that the prosecutor's (mostly unobjected to) final argument requires reversal. As to the sentence, we affirm on the authority of State v. Franklin, 836 So.2d 1112 (Fla. 3d DCA 2003), review granted, 854 So.2d 659 (Fla. 2003). Conflict is certified with Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), review dismissed, 821 So.2d 302 (Fla. 2002).

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