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479 So. 2d 870

479 So.2d 870

11 Fla.L.Weekly 11

Joseph v. State

District Court of Appeal of Florida

Decided December 19, 1985

District Court of Appeal of Florida · decided 1985-12-19

Relies on Stanley v. State

Decided 1985-12-19

PER CURIAM.

¶1This is an appeal of the trial court’s final order adjudicating Robert Joseph guilty of burglary and grand theft, and denying his motion for a new trial. Joseph was tried before a jury and convicted of burglary in violation of section 810.02(3), Florida Statutes. Joseph argues on appeal that the limitation of closing arguments to ten minutes was an abuse of the trial court’s discretion and a denial of his constitutional right to a fair trial.

¶2Over objection the trial judge limited appellant’s closing arguments to ten minutes and gave the state an additional two minutes. As we held for appellant’s co-defendant in Stanley v. State, 453 So.2d 530 (Fla. 5th DCA 1984), this was an unreasonable restriction which constituted an abuse of discretion on the part of the trial judge.

¶3The judgment is reversed and the cause remanded for a new trial.

DAUKSCH and ORFINGER, JJ., concur.COWART, J., concurs specially with opinion.
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