JOSE CARRION-VISCAY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1985-12-03
No. 83-963
Before SCHWARTZ, C.J., and HENDRY and JORGENSON, JJ.
478 So. 2d 1192 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgment and sentence from which the defendant appeals are affirmed upon a holding that the prosecutor’s comment in closing argument was proper in that it referred to evidence as it existed before the jury, White v. State, 377 So. 2d 1149 (Fla.1979), cert. denied, 449 U.S. 845, 101 S.Ct. 129, 66 L.Ed.2d 54 (1980); Robles v. State, 210 So. 2d 441 (Fla.1968); Garcia v. State, 439 So. 2d 328 (Fla. 3d DCA 1983); Wilson v. State, 305 So. 2d 50 (Fla. 3d DCA 1974), and the sentencing court has the discretion to impose two consecutive life terms, each sentence including a twenty-five year minimum mandatory term, for two first-degree murder convictions, State v. Enmund, 476 So. 2d 165, 168 (Fla.1985); Price v. State, 477 So. 2d 671 (Fla. 4th DCA 1985) (on rehearing).

Affirmed.


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  • Petruk v. Allstate Ins. Co., 705 So. 2d 125 (Fla. 2d DCA 1998)
    …loss of future earning capacity. We reverse. The trial court ruled that during closing argument, Petruk’s counsel could not comment on evidence that had been introduced. See Watkins v. Sims, 81 Fla. 730, 88 So. 764 (1921); Carrion-Viscay v. State, 478 So. 2d 1192 (Fla. 3d DCA 1985). In Collins Fruit Co. v. Giglio, 184 So. 2d 447, 449 (Fla. 2d DCA 1966), the court stated: “the closing argument is a crucial phase of a lawsuit, during which an improper ruling by the trial judge could be so prejudicial as to war…

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