Muscaro v. State

District Court of Appeal of Florida

Muscaro v. State

556 So. 2d 1174, 1990 Fla. App. LEXIS 525, 1990 WL 6505

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 1990

DocketNo. 89-1915

StatusPublished

This text of 556 So. 2d 1174 (Muscaro 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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Muscaro v. State, 556 So. 2d 1174, 1990 Fla. App. LEXIS 525, 1990 WL 6505 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Appellant, Joseph Muscaro, appeals his conviction for grand theft of jewelry. We reverse the conviction and remand for a new trial based upon a holding that the trial court reversibly erred by precluding the defense counsel from arguing, in closing argument, the lack of evidence of the jewelry. It is well settled that defense counsel is entitled to point out the absence of evidence on a particular issue. Williamson v. State, 459 So.2d 1125 (Fla. 3d DCA 1984).

Having reversed for a new trial, we do not find it necessary to address the second point appellant has assigned as error, since this alleged error is unlikely to recur upon retrial.

Reversed and remanded.

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PER CURIAM.

Appellant, Joseph Muscaro, appeals his conviction for grand theft of jewelry. We reverse the conviction and remand for a new trial based upon a holding that the trial court reversibly erred by precluding the defense counsel from arguing, in closing argument, the lack of evidence of the jewelry. It is well settled that defense counsel is entitled to point out the absence of evidence on a particular issue. Williamson v. State, 459 So.2d 1125 (Fla. 3d DCA 1984).

Having reversed for a new trial, we do not find it necessary to address the second point appellant has assigned as error, since this alleged error is unlikely to recur upon retrial.

Reversed and remanded.

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556 So. 2d 1174, 1990 Fla. App. LEXIS 525, 1990 WL 6505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muscaro-v-state-fladistctapp-1990.

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