DocketNumber: No. 89-1391
Citation Numbers: 567 So. 2d 1069, 1990 Fla. App. LEXIS 7905, 1990 WL 154795
Judges: Barkdull, Jorgenson, Nesbitt
Filed Date: 10/16/1990
Status: Precedential
Modified Date: 10/18/2024
We affirm the conviction for armed robbery. The prosecutor’s comments during closing argument were made in response to the theory of defense and to defense counsel’s statements during both opening and closing arguments. Error, if any occurred, was both invited and harmless. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986).
However, we vacate the defendant’s conviction for possession of a firearm during the commission of a felony. State v. Smith, 547 So.2d 613 (Fla.1989); Carawan v. State, 515 So.2d 161 (Fla.1987).
Affirmed in part; vacated in part; remanded for correction of the record.