Catlett v. State, 567 So. 2d 1069 (Fla. Dist. Ct. App. 1990).
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Catlett v. State, 567 So. 2d 1069 (Fla. Dist. Ct. App. 1990). Book View Copy Cite
Jack Phillip CATLETT
v.
The STATE of Florida
No. 89-1391.
District Court of Appeal of Florida.
Oct 16, 1990.
567 So. 2d 1069
Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant., Robert A. Butterworth, Atty. Gen., and Monique T. Befeler, Asst. Atty. Gen., for appellee.
Barkdull, Jorgenson, Nesbitt.
Cited by 1 opinion  |  Published
PER CURIAM.

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.