McCullum v. State

District Court of Appeal of Florida

McCullum v. State

488 So. 2d 125, 11 Fla. L. Weekly 1072, 1986 Fla. App. LEXIS 7623

CourtDistrict Court of Appeal of Florida

DecidedMay 6, 1986

DocketNo. 85-436

StatusPublished

Cited by3 cases

This text of 488 So. 2d 125 (McCullum 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.

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McCullum v. State, 488 So. 2d 125, 11 Fla. L. Weekly 1072, 1986 Fla. App. LEXIS 7623 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

On the only point raised for our consideration, we hold that the trial court did not abuse its discretion in permitting the prosecuting attorney, over the defendant’s objection, to play the defendant’s tape recorded confession to the jury during the rebuttal portion of the prosecutor’s closing argument where the recording itself had been admitted as evidence during the trial of the case and the replaying of it at this final stage of the proceedings was an appropriate response to the defense attorney’s closing argument. See United States v. Guess, 745 F.2d 1286 (9th Cir.1984), cert. denied, — U.S. -, 105 S.Ct. 1219, 84 L.Ed.2d 360 (1985).

Affirmed.

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PER CURIAM.

On the only point raised for our consideration, we hold that the trial court did not abuse its discretion in permitting the prosecuting attorney, over the defendant’s objection, to play the defendant’s tape recorded confession to the jury during the rebuttal portion of the prosecutor’s closing argument where the recording itself had been admitted as evidence during the trial of the case and the replaying of it at this final stage of the proceedings was an appropriate response to the defense attorney’s closing argument. See United States v. Guess, 745 F.2d 1286 (9th Cir.1984), cert. denied, — U.S. -, 105 S.Ct. 1219, 84 L.Ed.2d 360 (1985).

Affirmed.

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488 So. 2d 125, 11 Fla. L. Weekly 1072, 1986 Fla. App. LEXIS 7623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccullum-v-state-fladistctapp-1986.

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