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ZACKERY v. STATE

No. 4D01-3909.

849 So.2d 343 (2003)

Kenneth ZACKERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Order Granting Rehearing July 16, 2003.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Consuelo Maingot, Assistant Attorney General, Fort Lauderdale, for appellee.

FARMER, J.

The issue in this conviction for armed robbery and use of a false name is whether defendant waived his right to conclude closing argument by offering into evidence two still photographs he made from a videotape entered into evidence by the state. We hold that he did waive the right by the evidence and affirm.

Rule 3.250 provides in part as follows:

"a defendant offering no testimony in his or her own behalf, except the defendant's own,...

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