BRANDON TURNER
v.
STATE OF FLORIDA

Fla. 3d DCA | 2025-06-18
No. 2022-2218
Logue, C.J., Lindsey, J., Gordo, J., Areces, J.
2025 FL 5037 Florida District Court of Appeal, Third District (2025)

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Holding

The trial court properly limited the defense's closing argument where no evidence supported the theory the defense wished to advance, and any error was harmless.


Headnotes

[1] A trial court may properly limit a defendant's closing argument to theories supported by evidence presented at trial.

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Facts & Procedural History

Brandon Turner was convicted in Miami-Dade County Circuit Court. The trial court limited the defense's closing argument regarding a particular theory.…

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Opinion of the Court
Logue

Third District Court of Appeal State of Florida

Opinion filed June 18, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-2218 Lower Tribunal No. F17-22822 ________________

Brandon Turner, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.

Thomas Butler, P.A., and Thomas J. Butler, for appellant.

James Uthmeier, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Before LOGUE, C.J., and LINDSEY and GORDO, JJ.

PER CURIAM.

2

Affirmed. See Rodriguez v. State, 608 So. 2d 124, 125 (Fla. 3d DCA 1992) (finding that trial court properly limited the defense’s closing argument where there was no evidence to support the theory the defense wished to advance); State v. DiGuilio, 491 So. 2d 1129, 1138 (Fla. 1986) (explaining that even if an error occurred, it is harmless where “there is no reasonable possibility that the error contributed to the conviction”).


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