McCoy v. State

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

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 a 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.