DENNIS MANNING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WARNER, J.
We affirm appellant’s conviction and sentence. Appellant’s sole argument on appeal is that the prosecutor made several improper statements during closing argument. We have read the entire closing argument. No objection was made to many of the comments now asserted as error. As to the ones for which objection was made, only one, in which the prosecutor told the jury, “don’t let the defense insult your intelligence,” constituted an improper remark. However, it was isolated, and the court sustained the objection and instructed the jury to disregard it. Some objections were overruled, and we find no abuse of discretion in the trial court’s rulings. Other, unobjected to statements were fair comment on the defense case and closing argument. See Mitchell v. State, 771 So. 2d 596, 597 (Fla. 3d DCA 2000); Heuss v. State, 660 So. 2d 1052, 1058 (Fla. 4th DCA 1995), approved, 687 So. 2d 823 (Fla.1996); Henry v. State, 483 So. 2d 860, 861 (Fla. 5th DCA 1986).
We have reviewed the entire argument and conclude that any errors were harmless beyond a reasonable doubt.
Affirmed.
DELL and TAYLOR, JJ., concur.
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Hoag v. State, 12 So. 3d 907 (Fla. 2d DCA 2009)…he scoresheet, the offense of attempted second-degree murder should have been scored as a level 8 offense for 9.6 points. See §§ 777.04(1), 782.04(2), 921.0012(3)©, Fla. Stat. (1995); Fla. R.Crim. P. 3.702(c) & (d)(6), 3.990; see also Hoag v. State, 801 So. 2d 207 (Fla. 2d DCA 2001). As a result, 1.2 points were erroneously added to Mr. Hoag’s score-sheet total. As originally scored, Mr. Hoag’s total sentencing points equaled 298, resulting in a recommended state prison sentence of 270 months, with a permiss…
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Rambo v. State, 816 So. 2d 191 (Fla. 2d DCA 2002)…. We caution Rambo, however, that if he files a sufficient motion to withdraw his plea, the State will have the option of accepting a sentence at the low end of the 1994 guidelines or bringing him to trial on the original charges. See Hoag v. State, 801 So. 2d 207 (Fla. 2d DCA 2001); Sidell v. State, 787 So. 2d 139 (Fla. 2d DCA 2001). If Rambo is convicted after a trial on the original charges, he may receive a sentence that is significantly longer than the 120 month sentence he is serving presently. In add…
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- Heuss v. State, 687 So. 2d 823 (Fla. 1996)
- Heuss v. State, 660 So. 2d 1052 (Fla. 4th DCA 1995)
- Henry v. State, 483 So. 2d 860 (Fla. 5th DCA 1986)
- Mitchell v. State, 771 So. 2d 596 (Fla. 3d DCA 2000)