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Fagins v. State
116 So. 3d 569
Fla. Dist. Ct. App.
2013
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SUAREZ, J.

We find no fundamental error and therefore affirm the judgment and sentence. However, we note that comments on the credibility of counsel, such as those at issue in this case, are recurring in closing arguments at an alarming rate. We caution counsel for both the prosecution and defense to uphold their professional and ethical obligations and to be mindful of the line clearly established by the courts of this State. -See, e.g., Jackson v. State, 421 So.2d 15 (Fla. 3d DCA 1982); Del Rio v. State, 732 So.2d 1100 (Fla. 3d DCA 1999). We also entreat the trial courts to be mindful of such misconduct and to respond accordingly with appropriate curative instructions and firm admonishment of counsel.

Affirmed.

Case Details

Case Name: Fagins v. State
Court Name: District Court of Appeal of Florida
Date Published: Jun 19, 2013
Citation: 116 So. 3d 569
Docket Number: No. 3D12-751
Court Abbreviation: Fla. Dist. Ct. App.
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