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Scott v. State

District Court of Appeal of Florida, Third District
Jun 16, 1999
733 So. 2d 600 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-3086

Opinion filed June 16, 1999

An Appeal from the Circuit Court for Dade County, Paul Siegel, Judge, L.T. No. 97-5539.

Bennett H. Brummer, Public Defender and Marti Rothenberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Fredericka Sands, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GREEN and FLETCHER, JJ.


Rejecting the appellant's sole point on the merits, we conclude that the trial court properly denied him opening and closing because his attorney introduced an exhibit in evidence on his behalf. Crosby v. State, 90 Fla. 381, 106 So. 741 (1925); Grimsley v. State, 304 So.2d 493 (Fla.1st DCA 1974). Our ruling is specifically without prejudice to the filing of a motion under Florida Rule of Criminal Procedure 3.850 claiming that counsel was constitutionally ineffective by doing so under the circumstances.

Affirmed.


Summaries of

Scott v. State

District Court of Appeal of Florida, Third District
Jun 16, 1999
733 So. 2d 600 (Fla. Dist. Ct. App. 1999)
Case details for

Scott v. State

Case Details

Full title:DENNIS JULIUS SCOTT, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jun 16, 1999

Citations

733 So. 2d 600 (Fla. Dist. Ct. App. 1999)