S.G., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1996-08-23
No. 96-215
DAUKSCH, HARRIS and GRIFFIN, JJ., concur.
678 So. 2d 495 Florida District Court of Appeal, Fifth District (1996) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The state has correctly conceded error in the lower court’s refusal to permit closing argument in the delinquency proceeding below based on Herring v. New York, 422 U.S. 853, 95 S.Ct. 2550, 45 L.Ed.2d 593 (1975). See also M.E.F. v. State, 595 S6.2d 86 (Fla. 2d DCA1992). We agree with appellant that the adjudications for both the charge of sale of a counterfeit controlled substance and the violations of community control must be reversed due to this error. REVERSED and REMANDED.

DAUKSCH, HARRIS and GRIFFIN, JJ., concur.


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  • J.M.S. v. State, 921 So. 2d 813 (Fla. 5th DCA 2006)
    …t. 2550, 45 L.Ed.2d 593 (1975). Permitting a closing argument to be made in writing does not cure the trial court’s error in denying the right to make a closing argument. M.E.F. v. State, 595 So. 2d 86, 87 (Fla. 2d DCA 1992). See also S.G. v. State, 678 So. 2d 495, 495 (Fla. 5th DCA 1996) (reversing adjudications after trial court refused to permit closing argument in delinquency proceeding); T.W. v. State, 677 So. 2d 111, 111 (Fla. 4th DCA 1996) (accord); T. McD. v. State, 607 So. 2d 513, 513 (Fla. 2d DCA 19…

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