Theard v. State

District Court of Appeal of Florida

Theard v. State

861 So. 2d 103, 2003 Fla. App. LEXIS 19197, 2003 WL 22956435

District Court of Appeal of Florida·Decided December 17, 2003·No. No. 3D03-752·Published

Opinion

SCHWARTZ, Chief Judge.

The conviction and sentence imposed below for violating an injunction against domestic violence, see section 741.31, Florida Statutes (2001), after a two-day, three-witness jury trial, is reversed for a new one because of the grossly abusive limitation of counsel to five minutes for final argument. See Stockton v. State, 544 So.2d 1006 (Fla.1989); Munez v. State, 643 So.2d 82 (Fla. 3d DCA 1994); Adams v. State, 585 So.2d 1092 (Fla. 3d DCA 1991); Foster v. State, 464 So.2d 1214 (Fla. 3d DCA 1984).

We find no merit in the other points presented. See Franklin v. State, 825 So.2d 487 (Fla. 5th DCA 2002); Crume v. State, 703 So.2d 1216 (Fla. 5th DCA 1997).

Reversed.

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SCHWARTZ, Chief Judge.

The conviction and sentence imposed below for violating an injunction against domestic violence, see section 741.31, Florida Statutes (2001), after a two-day, three-witness jury trial, is reversed for a new one because of the grossly abusive limitation of counsel to five minutes for final argument. See Stockton v. State, 544 So.2d 1006 (Fla.1989); Munez v. State, 643 So.2d 82 (Fla. 3d DCA 1994); Adams v. State, 585 So.2d 1092 (Fla. 3d DCA 1991); Foster v. State, 464 So.2d 1214 (Fla. 3d DCA 1984).

We find no merit in the other points presented. See Franklin v. State, 825 So.2d 487 (Fla. 5th DCA 2002); Crume v. State, 703 So.2d 1216 (Fla. 5th DCA 1997).

Reversed.

Theard v. State, 861 So. 2d 103, 2003 Fla. App. LEXIS 19197, 2003 WL 22956435 (Fla. Ct. App. 2003).

Pincite

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Opinion

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