Florida District Courts of Appeal, 1998

McCoy v. State

McCoy v. State
Florida District Courts of Appeal · Decided May 29, 1998 · Cobb, Orfinger, Thompson
710 So. 2d 763; 1998 Fla. App. LEXIS 6005; 1998 WL 271287 (Southern Reporter, Second Series)

McCoy v. State

Opinion of the Court

PER CURIAM.

Control of comments during closing argument is within discretion of the trial court and a court’s ruling will not be disturbed absent a clear showing of abuse of discretion. Crump v. State, 622 So.2d 963 (Fla. 1993). The court did not limit comment as to a witness’ possible motive for testifying against the defendant, but only limited comment as to possible prison time for the defendant. In *764a non-capital case any possible sentence for a defendant is a matter for the judge, and not the jury. No abuse of discretion is demonstrated here.

AFFIRMED.

COBB and THOMPSON, JJ., and ORFINGER, M., Senior Judge, concur.

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