MUSCARO v. STATE

No. 89-1915.

556 So.2d 1174 (1990)

Joseph MUSCARO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 30, 1990.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Roberta G. Mandel, Asst. Atty. Gen., for appellee.

Before BASKIN, LEVY and GERSTEN, JJ.


PER CURIAM.

Appellant, Joseph Muscaro, appeals his conviction for grand theft of jewelry. We reverse the conviction and remand for a new trial based upon a holding that the trial court reversibly erred by precluding the defense counsel from arguing, in closing argument, the lack of evidence of the jewelry. It is well settled that defense counsel is entitled to point out the absence of evidence on a particular issue. Williamson v. State, 459...

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