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Manning v. State

District Court of Appeal of Florida, Fourth District
Dec 5, 2001
801 So. 2d 207 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D00-2995

Opinion filed December 5, 2001

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hubert R. Lindsey, Judge; L.T. Case No. 99-13035 CFA02.

Carey Haughwout, Public Defender, and Iva Oza, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


We affirm appellant's conviction and sentence. Appellant's sole argument on appeal is that the prosecutor made several improper statements during closing argument. We have read the entire closing argument. No objection was made to many of the comments now asserted as error. As to the ones for which objection was made, only one, in which the prosecutor told the jury, "don't let the defense insult your intelligence," constituted an improper remark. However, it was isolated, and the court sustained the objection and instructed the jury to disregard it. Some objections were overruled, and we find no abuse of discretion in the trial court's rulings. Other, unobjected to statements were fair comment on the defense case and closing argument. See Mitchell v. State, 771 So.2d 596, 597 (Fla. 3d DCA 2000); Heuss v. State, 660 So.2d 1052, 1058 (Fla. 4th DCA 1995), approved, 687 So.2d 823 (Fla. 1996); Henry v. State, 483 So.2d 860, 861 (Fla. 5th DCA 1986).

We have reviewed the entire argument and conclude that any errors were harmless beyond a reasonable doubt.

Affirmed.

DELL and TAYLOR, JJ., concur.


Summaries of

Manning v. State

District Court of Appeal of Florida, Fourth District
Dec 5, 2001
801 So. 2d 207 (Fla. Dist. Ct. App. 2001)
Case details for

Manning v. State

Case Details

Full title:DENNIS MANNING, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 5, 2001

Citations

801 So. 2d 207 (Fla. Dist. Ct. App. 2001)

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