TRYARN WOODARD,
v.
THE STATE OF FLORIDA,

Fla. 3d DCA | 2019-11-06
No. 18-1053
Hendon, J.
Florida District Court of Appeal, Third District (2019)

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Synopsis

Tryarn Woodard appeals his convictions and sentences for two counts of armed robbery with a firearm and two counts of aggravated assault with a firearm, challenging statements made by the prosecutor during rebuttal closing argument. The Florida District Court of Appeal, Third District, affirmed the convictions and sentences, finding the prosecutor's statements were not improper.


Holding

The court affirmed the defendant's convictions and sentences, concluding that the prosecutor's statements challenged on appeal were not improper.


Headnotes

[1] A prosecutor's rebuttal closing argument is not improper when it suggests that the defense's focus on certain issues is designed to mislead the jury.

[2] Comments made by a prosecutor during closing argument concerning defense counsel and their arguments are generally not improper.

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Key Quotes

“[T]he essential premise of the prosecutor's argument, that the defense's focus on certain issues was designed to lead the jury down the wrong road, was not improper.”

Establishes that prosecutors may argue the defense's focus on certain issues is designed to mislead the jury, citing Conde v. State.

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Facts & Procedural History

Tryarn Woodard was convicted of two counts of armed robbery with a firearm and two counts of aggravated assault with a firearm. The defendant appealed…

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Opinion of the Court

HENDON, J.

Tryarn Woodard (“defendant”) appeals his convictions and sentences for two

counts of armed robbery with a firearm and two counts of aggravated assault with a firearm. We affirm. The defendant contends reversal is warranted based on several statements made by the prosecutor during the rebuttal closing argument. Based on our review of the statements, we conclude that they were not improper. See Conde v. State, 860 So. 2d 930, 950 n.12 (Fla. 2003) (“[T]he essential premise of the prosecutor’s argument, that the defense’s focus on certain issues was designed to lead the jury down the wrong road, was not improper.”); Rimmer v. State, 825 So. 2d 304, 324 n.16 (Fla. 2002) (“[W]e find no error with regard to several of the alleged comments. These include: (1) comments concerning defense counsel and his arguments during closing; (2) comments on the witnesses and evidence and the absence of reasonable doubt; and (3) the use of a baseball analogy by asking the jury to think of itself as baseball players and to keep their eyes on the ball (i.e., the facts and evidence in the case) and not be swayed by “sliders” or “outside fast balls.”).1 Accordingly, we

affirm the defendant’s convictions and sentences.

Affirmed.

Footnotes
1 As we have concluded that the complained-of statements were not improper, we do not need to distinguish between the comments that were preserved for appellate review and those that were not. See Richemond v. State, 126 So. 3d 281, 284 (Fla. 3d DCA 2011) (“Statements made during closing argument are preserved for appeal by making a contemporaneous objection, which if sustained, must be followed by a request for a curative instruction or a motion for mistrial.”); Pedroza v. State, 773 So. 2d 639, 641 (Fla. 5th DCA 2000) (“If a party makes a contemporaneous objection to an improper comment which is sustained by the trial judge, the party must move for mistrial if he or she wishes to preserve the objection for appellate review.”).

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