Florida District Courts of Appeal, 1986

McCullum v. State

McCullum v. State
Florida District Courts of Appeal · Decided May 6, 1986 · Ferguson, Hubbart, Pearson
488 So. 2d 125; 11 Fla. L. Weekly 1072; 1986 Fla. App. LEXIS 7623 (Southern Reporter, Second Series)

McCullum v. State

Opinion of the Court

PER CURIAM.

On the only point raised for our consideration, we hold that the trial court did not abuse its discretion in permitting the prosecuting attorney, over the defendant’s objection, to play the defendant’s tape recorded confession to the jury during the rebuttal portion of the prosecutor’s closing argument where the recording itself had been admitted as evidence during the trial of the case and the replaying of it at this final stage of the proceedings was an appropriate response to the defense attorney’s closing argument. See United States v. Guess, 745 F.2d 1286 (9th Cir. 1984), cert. denied, — U.S. -, 105 S.Ct. 1219, 84 L.Ed.2d 360 (1985).

Affirmed.

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