Florida District Courts of Appeal, 1999

Scott v. State

Scott v. State
Florida District Courts of Appeal · Decided June 16, 1999 · Fletcher, Green, Schwartz
733 So. 2d 600; 1999 Fla. App. LEXIS 7873; 1999 WL 391585 (Southern Reporter, Second Series)

Scott v. State

Opinion of the Court

PER CURIAM.

Rejecting the appellant’s sole point on the merits, we conclude that the trial court properly denied him opening and closing because his attorney introduced an exhibit in evidence on his behalf. Crosby v. State, 90 Fla. 381, 106 So. 741 (1925); Grimsley v. State, 304 So.2d 493 (Fla. 1st DCA 1974). Our ruling is specifically without prejudice to the filing of a motion under Florida Rule of Criminal Procedure 3.850 claiming that counsel was constitutionally ineffective by doing so under the circumstances.

Affirmed.

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