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McAVOY v. STATE

No. 86-537.

501 So.2d 642 (1986)

Steven P. McAVOY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 3, 1987.

Attorney(s) appearing for the Case

Chandler R. Muller and Warren W. Lindsey of Muller, Kirkconnell and Lindsey, P.A., Winter Park, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The appellant, Steven McAvoy, was convicted after jury trial of trafficking in cocaine, delivery of cocaine and possession of cocaine. The only issue raised on appeal which warrants discussion is McAvoy's contention that the trial court erred in depriving him of opening and rebuttal closing argument.

The basis of the court's denial was the testimony of Farris Kincaid,1 who was called as a "court witness"

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