From Casetext: Smarter Legal Research

McCullum v. State

District Court of Appeal of Florida, Third District
May 6, 1986
488 So. 2d 125 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-436.

May 6, 1986.

Appeal from the Circuit Court, Dade County, Ellen J. Morphonios, J.

Bennett H. Brummer, Public Defender, and Helen Ann Hauser, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellee.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.


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.


Summaries of

McCullum v. State

District Court of Appeal of Florida, Third District
May 6, 1986
488 So. 2d 125 (Fla. Dist. Ct. App. 1986)
Case details for

McCullum v. State

Case Details

Full title:ROY McCULLUM, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 6, 1986

Citations

488 So. 2d 125 (Fla. Dist. Ct. App. 1986)

Citing Cases

McCullum v. State

On appeal, this court affirmed the conviction, concluding that the sole point raised regarding the…

Blake v. State

Sixth, Blake argues that trial counsel should have objected when, during closing arguments, the prosecutor…