03-0752 THEARD V.STATE

State: Florida

Court: Florida Third District Court

Docket No: 03-0752 THEARD V.STATE

Case Date: 12/17/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003

JACQUES E. THEARD, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D03-752 LOWER TRIBUNAL NO. 01-022565

Opinion filed December 17, 2003. An Appeal from the Circuit Court for Dade County, Richard Margolius, Judge. Bennett H. Brummer, Public Defender and Marti Rothenberg, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Jason Helfant and Thomas C. Mielke, Assistant Attorneys General, for appellee. Before SCHWARTZ, C.J., and LEVY and SHEVIN, JJ. 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.

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