White v. State, 377 So. 2d 1149 (Fla. 1979). · Go Syfert
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White v. State, 377 So. 2d 1149 (Fla. 1979). Cases Citing This Book View Copy Cite
77 citation events (5 in the last 25 years) across 5 distinct courts.
Strongest positive: Oscar David Osorio v. State of Florida (fladistctapp, 2026-02-04)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
cited Cited as authority (rule) Oscar David Osorio v. State of Florida
Fla. Dist. Ct. App. · 2026 · confidence medium
White v. State, 377 So. 2d 1149, 1150 (Fla. 1979); Covington v. State, 842 So. 2d 170, 172 (Fla. 3d DCA 2003).
discussed Cited as authority (rule) Rodriguez v. State (2×) also: Cited "see"
Fla. · 2000 · confidence medium
In White , referring to the testimony of the eyewitness in closing argument, the prosecutor said, " You haven't heard one word of testimony to contradict what she has said, other than the lawyer's argument." 377 So.2d at 1150 (emphasis supplied).
cited Cited as authority (rule) Barwick v. State
Fla. · 1995 · confidence medium
See Dufour v. State, 495 So.2d 154, 160 (Fla. 1986), cert. denied, 479 U.S. 1101 , 107 S.Ct. 1332 , 94 L.Ed.2d 183 (1987); White v. State, 377 So.2d 1149, 1150 (Fla. 1979).
cited Cited as authority (rule) State v. Sheperd
Fla. · 1985 · confidence medium
White v. State, 377 So.2d 1149, 1150 (Fla. 1979).
cited Cited as authority (rule) Barry v. State
Fla. Dist. Ct. App. · 1985 · confidence medium
White v. State, 377 So.2d 1149, 1150 (Fla. 1979); Smith v. State, 378 So.2d 313, 314 (Fla. 5th DCA 1980).
discussed Cited as authority (rule) Anderson v. State
Fla. Dist. Ct. App. · 1985 · confidence medium
See Rose v. State, 425 So.2d 521, 523 (Fla.), cert. denied, 460 U.S. 1049 , 103 S.Ct. 1496 , 75 L.Ed.2d 928 (1983); White v. State, 377 So.2d 1149, 1150 (Fla.1979), cert. denied, 449 U.S. 845 , 101 S.Ct. 129 , 66 L.Ed.2d 54 (1980); Miller v. State, 430 So.2d 611, 615 (Fla. 4th DCA 1983); Grissom v. State, 405 So.2d 291 (Fla. 1st DCA 1981); Ward v. State, 354 So.2d 438 (Fla. 3d DCA 1978).
discussed Cited as authority (rule) Gains v. State
Fla. Dist. Ct. App. · 1982 · confidence medium
"It is proper for a prosecutor in closing argument to refer to the evidence as it exists before the jury and to point out that there is an absence of evidence on a certain issue." White v. State, 377 So.2d 1149, 1150 (Fla. 1980).
cited Cited as authority (rule) Elam v. State
Fla. Dist. Ct. App. · 1980 · confidence medium
White v. State, 377 So.2d 1149, 1150 (Fla. 1979).
cited Cited "see" ELDER v. DIXON
N.D. Fla. · 2024 · signal: see · confidence high
See White v. State, 377 So. 2d 1149, 1150 (Fla. 1980) (citations omitted).
discussed Cited "see" Avila v. State
Fla. Dist. Ct. App. · 1995 · signal: see · confidence high
See White v. State, 377 So.2d 1149 (Fla.1979), cert, denied 449 U.S. 845 , 101 S.Ct. 129 , 66 L.Ed.2d 54 (1980); Vazquez v. State, 635 So.2d 1088 (Fla. 3d DCA 1994); Rodriguez v. State, 493 So.2d 1067 (Fla. 3d DCA 1986), review denied, 503 So.2d 327 (Fla.1987).
cited Cited "see" Jacobs v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See White v. State, 377 So.2d 1149 (Fla.1979).
discussed Cited "see" Perez v. State
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See White v. State, 377 So.2d 1149 (Fla.1979), habeas corpus denied, 386 So.2d 643 (Fla.), cert. denied, 449 U.S. 845 , 101 S.Ct. 129 , 66 L.Ed.2d 54 (1980); Whitfield v. State, 479 So.2d 208, 216-17 (Fla. 4th DCA 1985).
discussed Cited "see" Johnson v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See White v. State, 377 So.2d 1149, 1150 (Fla.1979), cert. denied, 449 U.S. 845 , 101 S.Ct. 129 , 66 L.Ed.2d 54 (1980); Smiley v. State, 395 So.2d 235, 237 (Fla. 1st DCA 1981); Wilson v. State, 305 So.2d 50, 52 (Fla. 3d DCA 1974); Newton v. State, 272 So.2d 15, 18 (Fla. 3d DCA), cert. denied, 278 So.2d 627 (Fla.1973), cert. denied, 414 U.S. 1157 , 94 S.Ct. 914 , 39 L.Ed.2d 109 (1974); Roach v. State, 241 So.2d 742, 742 (Fla. 3d DCA 1970).
cited Cited "see" Iannucci v. State
Fla. Dist. Ct. App. · 1981 · signal: see · confidence high
See White v. State, 348 So.2d 368 (Fla. 3d DCA 1977), reversed in part, 377 So.2d 1149 (Fla.1979), vacated in part, 379 So.2d 1018 (Fla. 3d DCA 1980).
cited Cited "see" Hearns v. State
Fla. Dist. Ct. App. · 1979 · signal: see · confidence high
See White v. State, 377 So.2d 1149 (Fla.1979); Spikes v. State, 375 So.2d 63 (Fla. 2d DCA 1979).
cited Cited "see, e.g." Melton v. State
Fla. · 2006 · signal: see, e.g. · confidence medium
See, e.g., White v. State, 377 So.2d 1149, 1150 (Fla.1979).
cited Cited "see, e.g." Melton v. State
Fla. · 1994 · signal: see, e.g. · confidence medium
See, e.g., White v. State, 377 So.2d 1149, 1150 (Fla. 1979).
cited Cited "see, e.g." Blanks v. State
Fla. Dist. Ct. App. · 1986 · signal: see, e.g. · confidence low
See, e.g., White v. State, 377 So.2d 1149 (Fla.1979); Pollard v. State, 444 So.2d 561 (Fla. 2d DCA 1984).
discussed Cited "see, e.g." Williamson v. State
Fla. Dist. Ct. App. · 1984 · signal: see, e.g. · confidence low
See, e.g., White v. State, 377 So.2d 1149 (Fla. 1979), cert. denied, 449 U.S. 845 , 101 S.Ct. 129 , 66 L.Ed.2d 54 (1980) (prosecutor said: "You haven't heard one word of testimony to contradict what she has said, other than the lawyer's argument"; prosecutor may properly point out that there is an absence of evidence on a certain issue); State v. Mathis, 278 So.2d 280 (Fla. 1973) (prosecutor may properly indicate that there was no evidence on the involuntariness of defendant's confession by stating: "Now, did you hear one thing about him getting beaten up or somebody was pounding on his head, …
discussed Cited "see, e.g." Bell v. State
Fla. Dist. Ct. App. · 1982 · signal: see, e.g. · confidence low
See, e.g., White v. State, 377 So.2d 1149 (Fla. 1979); State v. Jones, 204 So.2d 515 (Fla. 1967); Elam v. State, 389 So.2d 221 (Fla. 5th DCA 1980); Smith v. State, 378 So.2d 313 (Fla. 5th DCA), aff'd, 394 So.2d 407 (Fla. 1980).
discussed Cited "see, e.g." Hughes v. State (2×)
Del. · 1981 · signal: see, e.g. · confidence medium
See, e. g., White v. State, Fla. Supr., 377 So.2d 1149, 1150 (1979), cert. denied, 449 U.S. 845 , 101 S.Ct. 129 , 66 L.Ed.2d 54 (1980); Kirkland v. State, Nev.Supr., 590 P.2d 156, 158 (1979).
cited Cited "see, e.g." Cunningham v. State
Fla. Dist. Ct. App. · 1981 · signal: see, e.g. · confidence low
See, e.g., White v. State, 377 So.2d 1149 (Fla. 1979).
Retrieving the full opinion text from the archive…
Edward Leonard WHITE, Petitioner,
v.
STATE of Florida, Respondent.
52250.
Supreme Court of Florida.
Sep 27, 1979.
377 So. 2d 1149
Adkins.
Cited by 70 opinions  |  Published

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, Miami, for petitioner.

Jim Smith, Atty. Gen. and Margarita Esquiroz, Asst. Atty. Gen., Miami, for respondent.

ADKINS, Justice.

By petition for certiorari we have for review a decision of the Third District Court of Appeal (White v. State, 348 So.2d 368 (Fla.3d DCA 1977)), which allegedly conflicts with a prior decision of the court (Cone v. State, 285 So.2d 12 (Fla. 1973)), and a subsequent decision of the court (Johnson v. State, 366 So.2d 418 (Fla. 1978)) on the same point of law. Art. V, § 3(b)(3), Fla. Const.

Appellant, defendant below, was convicted of robbery, unlawful possession of a firearm while engaged in a criminal offense, and aggravated assault. He was sentenced to life imprisonment for robbery, five years for the firearm charge and five years for the assault charge, all sentences[*1150] to run concurrently. His conviction was affirmed by the district court of appeal, the court holding that the sentence for display of a firearm during commission of a felony was proper. This issue has been resolved by this Court:

... The issue now presented to us is whether one who is convicted under such circumstances both of robbery and display of a firearm during the commission of that robbery can be separately sentenced for each offense. In Cone we answered this question in the negative and we now reaffirm that holding.

Johnson v. State, 366 So.2d at 419.

The decision of the district court of appeal conflicts with the decisions cited above; we have jurisdiction.

The defendant also seeks reversal of his conviction on the basis of allegedly improper prosecutorial comment. There was only one witness to the crimes, other than the defendant. In referring to the testimony of the eye witness in closing argument, the prosecutor said, "You haven't heard one word of testimony to contradict what she has said, other than the lawyer's argument." 348 So.2d at 369. Defendant objected to this statement and moved for a mistrial. The motion for mistrial was denied and this ruling was affirmed by the district court of appeal. It is proper for a prosecutor in closing argument to refer to the evidence as it exists before the jury and to point out that there is an absence of evidence on a certain issue. State v. Jones, 204 So.2d 515 (Fla. 1967). See also State v. Mathis, 278 So.2d 280 (Fla. 1973). It is thus firmly embedded in the jurisprudence of this state that a prosecutor may comment on the uncontradicted or uncontroverted nature of the evidence during argument to the jury. See State v. Jones, supra, at 516-517; Clinton v. State, 56 Fla. 57, 47 So. 389 (1908); Gray v. State, 42 Fla. 174, 28 So. 53 (1900); Mabery v. State, 303 So.2d 369 (Fla.3d DCA 1974); Woodside v. State, 206 So.2d 426 (Fla.3d DCA 1968).

That portion of the decision of the district court of appeal affirming the conviction is approved, but the portion affirming the sentence is quashed and the cause is remanded to the district court of appeal with instructions to affirm the conviction but vacate the sentence and remand same to trial court with instructions to impose an appropriate sentence.

It is so ordered.

ENGLAND, C.J., and BOYD, OVERTON and SUNDBERG, JJ., concur.