final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Rodolfo
A. Ruiz, Judge. Lower Tribunal No. 13-24416
J. Martinez, Public Defender, and Jonathan Greenberg,
Assistant Public Defender, for appellant.
Jo Bondi, Attorney General, and Jonathan Tanoos, Assistant
Attorney General, for appellee.
ROTHENBERG, C.J., and SUAREZ and EMAS, JJ.
a jury trial on the charge of second-degree murder, Schmertz
Pierre-Louis, Jr. was convicted of manslaughter and sentenced
to thirty years' state prison followed by ten years'
appeal, Pierre-Louis, Jr. asserts four claims of error during
closing argument. We affirm, and write to address one of
Jr. contends that, during closing argument, the State
improperly commented on his right not to testify at trial.
Appellant relies for this contention upon the following
passage in the State's rebuttal closing:
PROSECUTOR: [Defense counsel] says that paying to stay at a
hotel is not against the law. Paying to change your clothes
and put clothes on is not against the law. Dreadlocks are not
against the law. Cutting your dreadlocks off is not against
DEFENSE: Objection, Your Honor. Motion.
PROSECUTOR: Shooting somebody is. He is not on the stand
because he paid for a hotel room.
DEFENSE: Objection. ...