Renelle LUBIN, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
*823 Bernard F. Daley, Jr., Tallahassee, for appellant.
Bill McCollum, Attorney General, Tallahassee, and Daniel F. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.
POLEN, J.
Appellant Renelle Lubin ("Lubin") appeals convictions of first degree murder with a firearm and shooting into an occupied vehicle. We affirm on all points raised on appeal.
This case arose from a drug deal gone bad. John Diaczok ("Diaczok") picked up his friend, Cheryl Kajak ("Kajak"), and the two drove to West Palm Beach to purchase drugs. When they arrived, Kajak exited the van and an argument ensued between her and the man from whom she went to procure drugs (later identified as Lubin). The argument became physical and Lubin had to fend Kajak off. Diaczok then grabbed Kajak and brought her back to the van, but by the time he sat back into the driver's seat, Lubin had begun pulling Kajak back out. Diaczok proceeded to hit Lubin, who then backed away. But before Diaczok could start the van and leave, he heard several gun shots. He did not see who shot the gun, but presumed it was either Lubin or a woman Lubin was with (later identified as Tiffany Murray ("Murray")). Diaczok then drove away and, noticing that Kajak had been shot, immediately drove to a nearby hospital. Kajak died of her injuries.
The State subsequently arrested Lubin and charged him with first degree murder and shooting into an occupied vehicle. At trial, it produced evidence, among other things, that Lubin's fingerprints were found on the outside of the passenger-side door of Diaczok's van. After hearing this and other evidence, the jury found Lubin guilty of the crimes charged. The trial court sentenced him to concurrent terms of life and fifteen years in Florida State Prison.
On appeal, Lubin contends that the prosecutor shifted the burden of proof during closing argument. The control of prosecutorial arguments to the jury is within the trial court's discretion. See Conde v. State,
There is no way in the world his print got on that quality and then try to tell you, "Well, maybe it got on some other time.". . . . Did you have one bit of evidence, did one person or one piece of evidence come in and tell you that he left his palm print on that van another day?. . . . Did you hear one bit of evidence? *824 Not one. What you heard from Diaczok. . . .
A prosecutor's argument should be examined in the context in which it is made. Stancle v. State,
Even were we to find error, the prosecutor's comments were not so prejudicial as to have inappropriately affected the jury's decision. See Rodriguez v. State,
Affirmed.
STEVENSON and TAYLOR, JJ., concur.
