McCoy v. State

District Court of Appeal of Florida

McCoy v. State

710 So. 2d 763, 1998 Fla. App. LEXIS 6005, 1998 WL 271287

CourtDistrict Court of Appeal of Florida

DecidedMay 29, 1998

DocketNo. 97-2059

StatusPublished

This text of 710 So. 2d 763 (McCoy v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCoy v. State, 710 So. 2d 763, 1998 Fla. App. LEXIS 6005, 1998 WL 271287 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Control of comments during closing argument is within discretion of the trial court and a court’s ruling will not be disturbed absent a clear showing of abuse of discretion. Crump v. State, 622 So.2d 963 (Fla.1993). The court did not limit comment as to a witness’ possible motive for testifying against the defendant, but only limited comment as to possible prison time for the defendant. In [764]*764a non-capital case any possible sentence for a defendant is a matter for the judge, and not the jury. No abuse of discretion is demonstrated here.

AFFIRMED.

COBB and THOMPSON, JJ., and ORFINGER, M., Senior Judge, concur.

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PER CURIAM.

Control of comments during closing argument is within discretion of the trial court and a court’s ruling will not be disturbed absent a clear showing of abuse of discretion. Crump v. State, 622 So.2d 963 (Fla.1993). The court did not limit comment as to a witness’ possible motive for testifying against the defendant, but only limited comment as to possible prison time for the defendant. In [764]*764a non-capital case any possible sentence for a defendant is a matter for the judge, and not the jury. No abuse of discretion is demonstrated here.

AFFIRMED.

COBB and THOMPSON, JJ., and ORFINGER, M., Senior Judge, concur.

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Bluebook (online)

710 So. 2d 763, 1998 Fla. App. LEXIS 6005, 1998 WL 271287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccoy-v-state-fladistctapp-1998.

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