KESCHENER DESTIN
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2025-01-22
No. 3D2023-1403
2025 FL 564 Florida District Court of Appeal, Third District (2025)

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Holding

The trial court did not abuse its discretion in allowing the State to reopen its case after resting and in managing trial procedures.


Headnotes

[1] A trial court does not abuse its discretion in permitting the State to reopen its case after resting, and may regulate trial procedures and direct counsel to establish fo…

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Facts & Procedural History

Keschener Destin appealed from a conviction in Miami-Dade County Circuit Court. The appeal involved challenges to the trial court's allowance of the S…

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Opinion of the Court

PER CURIAM.

Affirmed. See Alvarez v. State, 792 So. 2d 1255, 1257 (Fla. 3d DCA 2001) (finding no abuse of discretion by the trial court in allowing the State to reopen its case after it rested and defense moved for acquittal); M.W. v. State, 263 So. 3d 214, 214–15 (Fla. 3d DCA 2019) (affirming order on appeal and explaining that trial court did not “enter[] the fray” and “sacrifice[] trial court neutrality” by directing the State to establish a basis for a line of questioning after objection and noting the trial court’s “latitude to regulate the course of a trial in his courtroom”); see also Guzman v. State, 350 So. 3d 72, 73 (Fla. 4th DCA 2022) (affirming use of six-person jury and noting that a state appellate court has “no authority to overrule the precedent from the United States Supreme Court that endorsed the use of a jury with only six members as constitutional” (citing Gonzalez v. State, 982 So. 2d 77, 78 (Fla. 2d DCA 2008))).


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