4D06-4478-Taylor v. State*

State: Florida

Court: Florida Fourth District Court

Docket No: 4D06-4478

Case Date: 12/05/2007

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2007

SCOTT BERNARD TAYLOR, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-4478 December 5, 2007 STONE, J. A jury found Taylor guilty of selling cocaine within 1,000 feet of a place of worship. Taylor contends that the trial court erred in denying him the first and rebuttal closing arguments during his October 19, 2006, trial. He asserts that section 918.19, Florida Statutes, that became effective October 1, 2006, violates the separation of powers provided in article II, section 3 of Florida's constitution. Although we recognize that section 918.19 is constitutionally infirm because its provision adopting a new procedural rule constituted invalid rulemaking by the legislature, we, nevertheless, affirm. See Grice v. State, 32 Fla. L. Weekly D2406 (Fla. 1st DCA Oct. 5, 2007). At common law, the state was entitled to present first and last arguments. In re Amendments to the Florida Rules of Criminal Procedure

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