Savonia L. Collins v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED SAVONIA LATRICE COLLINS, Appellant, v. Case No. 5D13-637 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 27, 2014 Appeal from the Circuit Court for Orange County, Margaret Schreiber, Judge. James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. ON MOTION FOR REHEARING PER CURIAM. Upon review of the motion for rehearing filed by the State of Florida, we withdraw the previous opinion issued on March 28, 2014, and substitute this opinion in its place. We affirm the judgments and sentences entered by the trial court against Savonia Latrice Collins after a jury found her guilty of committing a burglary of a dwelling with an assault or battery and an aggravated assault with a deadly weapon. With regard to the State's closing argument, we determine that any unobjected-to errors allegedly committed during the State's closing argument fail to meet the fundamental error standard. See Augustine v. State, 39 Fla. L. Weekly D 988 (Fla. 4th DCA May 14, 2014) ("Fundamental error in closing argument is error that reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error." (citing Thompson v. State, 88 So. 3d 322 (Fla. 4th DCA 2012))). AFFIRMED. PALMER, LAWSON and COHEN, JJ., concur. 2

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