ROY MCCULLUM, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1986-05-06
No. 85-436
Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.
488 So. 2d 125 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

[*126] 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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Cited By

  • McCULLUM v. State, 498 So. 2d 1374 (Fla. 3d DCA 1986)
    …his court affirmed the conviction, concluding that the sole point raised regarding the prosecution’s playing of defendant’s taped confession, during the rebuttal portion of its closing argument did not constitute reversible error. McCullum v. State, 488 So. 2d 125 (Fla. 3d DCA 1986). Appellant filed a motion for postconviction relief alleging, for the first time, error in the sentence imposed by the trial court outside the guidelines and further alleging ineffective assistance of trial and appellate counsel…
  • Blake v. State, 180 So. 3d 89 (Fla. 2002)
    …objected when, during closing arguments, the prosecutor replayed the videotape of Blake’s statement. Blake does not explain on what basis trial counsel could have objected to the State reviewing the evidence admitted at trial. See McCullmn v. State, 488 So. 2d 125, 126 (Fla. 3d DCA 1986) (“[T]he trial court did not abuse its discretion in permitting the prosecuting attorney ... to play the defendant’s tape recorded confession to the jury during the rebuttal portion of the prosecutor’s closing argument where t…

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