Florida District Courts of Appeal, 2003

Theard v. State

Theard v. State
Florida District Courts of Appeal · Decided December 17, 2003 · Levy, Schwartz, Sheyin
861 So. 2d 103; 2003 Fla. App. LEXIS 19197; 2003 WL 22956435 (Southern Reporter, Second Series)

Theard v. State

Opinion of the Court

SCHWARTZ, Chief Judge.

The conviction and sentence imposed below for violating an injunction against domestic violence, see section 741.31, Florida Statutes (2001), after a two-day, three-witness jury trial, is reversed for a new one because of the grossly abusive limitation of counsel to five minutes for final argument. See Stockton v. State, 544 So.2d 1006 (Fla. 1989); Munez v. State, 643 So.2d 82 (Fla. 3d DCA 1994); Adams v. State, 585 So.2d 1092 (Fla. 3d DCA 1991); Foster v. State, 464 So.2d 1214 (Fla. 3d DCA 1984).

We find no merit in the other points presented. See Franklin v. State, 825 So.2d 487 (Fla. 5th DCA 2002); Crume v. State, 703 So.2d 1216 (Fla. 5th DCA 1997).

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.