ALBERTO LAZARO PINO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2001-02-07
No. 3D99-3015
Before LEVY, GODERICH, and SHEVIN, JJ.
776 So. 2d 1081 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 12 cases

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Holding

Prosecutor's statements calling the defendant a liar during closing argument are not improper if supported by the record.


Facts & Procedural History

The defendant was convicted of vehicular homicide. During closing arguments, the prosecutor repeatedly called the defendant a liar. The defendant appe…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant, Alberto Lazaro Pino, appeals from his conviction for vehicular homicide. We affirm.

During closing argument, the prosecutor stated that the defendant was a “liar,” that the defendant had told “lies,” and that the defendant had “lied.” The defendant contends that these arguments were improper. We disagree. In Murphy v. International Robotic Sys., Inc., 766 So. 2d 1010, 1028-29 (Fla.2000), the Florida Supreme Court held:

it is not improper for counsel to state during closing argument that a witness “lied” or is a “liar,” provided such characterizations are supported by the record. If the evidence supports such a characterization, counsel is not imper-missibly stating a personal opinion about the credibility of a witness, but is instead submitting to the jury a conclusion that reasonably may be drawn from the evidence.

(citations and footnote omitted). After carefully reviewing the record, we find that prosecutor’s characterizations of the defendant are supported by the record.

The remaining contention raised by the defendant lacks merit. Accordingly, we affirm.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Reid v. State, 799 So. 2d 394 (Fla. 4th DCA 2001)
    …y and that the State improperly argued facts not in evidence. The State’s closing remarks were supported by the record, made in fair response to the comments made by appellant’s counsel during trial, or constituted harmless error. See Pino v. State, 776 So. 2d 1081 (Fla. 3d DCA 2001); Jackson v. State, 703 So. 2d 515 (Fla. 3d DCA 1997); see also Reyes v. State, 700 So. 2d 458, 461 (Fla. 4th DCA 1997); Craig v. State, 510 So. 2d 857 (Fla.1987). In his fourth point, appellant contends that the guilty verdicts o…
  • Hope v. State, 805 So. 2d 51 (Fla. 4th DCA 2001)
    …powers, and cruel and/or unusual punishment. We affirm on the authority of Hall v. State, 767 So. 2d 560 (Fla. 4th DCA 2000), review granted, 790 So. 2d 1104 (Fla.2001); Peterson v. State, 775 So. 2d 376 (Fla. 4th DCA 2000); see also Bush v. State, 776 So. 2d 1081 (Fla. 4th DCA 2001). AFFIRMED. POLEN, C.J., and KLEIN, J., concur.…
  • Harris v. State, 810 So. 2d 1046 (Fla. 4th DCA 2002)
    …PER CURIAM. Affirmed. See Bush v. State, 776 So. 2d 1081 (Fla. 4th DCA 2001); Hall v. State, 767 So. 2d 560 (Fla. 4th DCA 2000), rev. granted, 790 So. 2d 1104 (Fla.2001); Peterson v. State, 775 So. 2d 376 (Fla. 4th DCA 2000). STEVENSON, GROSS and HAZOURI, JJ., concur.…

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