District Court of Appeal of Florida February 13, 1990, No. 88-1657 (Neely v. State)

PER CURIAM.

From the outset of the trial the defense brought forward the defendant’s explanation for his presence in the hotel at the time of the robbery. That distinguishes the present case from Bayshore v. State, 437 So.2d 198 (Fla.3d DCA 1983). The prosecutor’s remark in closing was fair comment upon the opening statement by the defense. See id. at 199.

Affirmed.