JOSEPH MUSCARO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOSEPH MUSCARO, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
556 So. 2d 1174
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Appellant, Joseph Muscaro, appeals his conviction for grand theft of jewelry. We reverse the conviction and remand for a new trial based upon a holding that the trial court reversibly erred by precluding the defense counsel from arguing, in closing argument, the lack of evidence of the jewelry. It is well settled that defense counsel is entitled to point out the absence of evidence on a particular issue. Williamson v. State, 459 So. 2d 1125 (Fla. 3d DCA 1984).
Having reversed for a new trial, we do not find it necessary to address the second point appellant has assigned as error, since this alleged error is unlikely to recur upon retrial.
Reversed and remanded.
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Citator
Cited By
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Ellish v. Richard, 622 So. 2d 1154 (Fla. 4th DCA 1993)…ations of the declaration do not form a legal basis for the judgment recovered, it will be reversed on appeal. Id., 53 So. at 637 (citations omitted). See also DeCarlo v. Hubbard, 571 So. 2d 82 (Fla. 4th DCA 1990); Rafel Indus. Group Ltd. v. Gough, 556 So. 2d 1174 (Fla. 4th DCA 1990); Board of Regents v. Stinson-Head, Inc., 504 So. 2d 1374 (Fla. 4th DCA [*1156] 1987). Accordingly, we reverse the trial court’s order granting appellee’s motion for rehearing and entering a default judgment against appellant. RE…
Authorities Cited
- Williamson v. State, 459 So. 2d 1125 (Fla. 3d DCA 1984)