McCullum v. State, 85-436
| Decision Date | 06 May 1986 |
| Docket Number | No. 85-436,85-436 |
| Citation | 488 So.2d 125,11 Fla. L. Weekly 1072 |
| Parties | 11 Fla. L. Weekly 1072 Roy McCULLUM, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
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, 469 U.S. 1225, 105 S.Ct. 1219, 84 L.Ed.2d 360 (1985).
Affirmed.
To continue reading
Request your trial
-
McCullum v. State, 86-2211
...defendant's taped confession during the rebuttal portion of its closing argument did not constitute reversible error. McCullum v. State, 488 So.2d 125 (Fla. 3d DCA 1986). Appellant filed a motion for postconviction relief alleging, for the first time, error in the sentence imposed by the tr......
-
Blake v. State, s. SC12–2102
...explain on what basis trial counsel could have objected to the State reviewing the evidence admitted at trial. See McCullum v. State, 488 So.2d 125, 126 (Fla. 3d DCA 1986) ("[T]he trial court did not abuse its discretion in permitting the prosecuting attorney ... to play the defendant's tap......