CARLOS COUTO
v.
STATE OF FLORIDA
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A trial court does not abuse its discretion by limiting cross-examination that is not germane to the victim's testimony or the defendant's theory of defense, or by limiting closing argument that falls outside the scope of evidence presented.
[1] A trial court does not abuse its discretion in limiting cross-examination when the questioning concerns matters neither germane to the witness's testimony nor relevant to…
[2] A trial court does not abuse its discretion in limiting closing argument when the argument falls outside the scope of evidence presented at trial.
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Join FLexlaw to unlock all legal intelligenceCarlos Couto was convicted of first-degree grand theft. At trial, the court limited defense counsel's cross-examination of the victim and restricted d…
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Third District Court of Appeal State of Florida
Opinion filed October 8, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1081 Lower Tribunal No. F20-15088 ________________
Carlos Couto, Appellant,
vs.
State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.
Law Offices of Michelle Walsh, P.A., and Michelle R. Walsh, for appellant.
James Uthmeier, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.
Before SCALES, C.J., and GORDO and BOKOR, JJ.
PER CURIAM.
2 Carlos Couto appeals his conviction and sentence for first-degree grand theft. Couto asserts that the trial court abused its discretion by (i) limiting defense counsel’s cross-examination of the victim,1 and (ii) limiting defense counsel’s closing argument.2 The trial court was well within its discretion in limiting defense counsel’s cross-examination of the victim because defense counsel’s line of questioning concerned an area neither germane to the victim’s testimony nor relevant to Couto’s theory of defense. See Smith v. State, 38 So. 3d 871, 872-73 (Fla. 4th DCA 2010). The trial court did not abuse its discretion in limiting defense counsel’s closing argument because defense counsel’s argument was outside the scope of the evidence. See Bush v. State, 295 So. 3d 179, 208 (Fla. 2020). Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bush v. State, 295 So. 3d 179 (Fla. 2020)
- Bigham v. State, 995 So. 2d 207 (Fla. 2008)
- Neilson Smith v. State, 38 So. 3d 871 (Fla. 4th DCA 2010)
- Perez v. State, 949 So. 2d 363 (Fla. 2d DCA 2007)