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Pino v. State

District Court of Appeal of Florida, Third District
Feb 7, 2001
776 So. 2d 1081 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D99-3015.

Opinion filed February 7, 2001.

An Appeal from the Circuit Court for Dade County, Ronald C. Dresnick, Judge. Lower Tribunal No. 98-25924.

Affirmed.

Bennett H. Brummer, Public Defender, and Shaundra L. Kellam, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Erin K. Zack, Assistant Attorney General, for appellee.

Before LEVY, GODERICH, and SHEVIN, JJ.


The defendant, Alberto Lazaro Pino, appeals from his conviction for vehicular homicide. We affirm.

During closing argument, the prosecutor stated that the defendant was a "liar," that the defendant had told "lies," and that the defendant had "lied." The defendant contends that these arguments were improper. We disagree. In Murphy v. International Robotic Sys., Inc., 766 So.2d 1010, 1028-29 (Fla. 2000), the Florida Supreme Court held:

it is not improper for counsel to state during closing argument that a witness "lied" or is a "liar," provided such characterizations are supported by the record. If the evidence supports such a characterization, counsel is not impermissibly stating a personal opinion about the credibility of a witness, but is instead submitting to the jury a conclusion that reasonably may be drawn from the evidence.

(citations and footnote omitted). After carefully reviewing the record, we find that prosecutor's characterizations of the defendant are supported by the record.

The remaining contention raised by the defendant lacks merit. Accordingly, we affirm.

Affirmed.


Summaries of

Pino v. State

District Court of Appeal of Florida, Third District
Feb 7, 2001
776 So. 2d 1081 (Fla. Dist. Ct. App. 2001)
Case details for

Pino v. State

Case Details

Full title:ALBERTO LAZARO PINO, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Feb 7, 2001

Citations

776 So. 2d 1081 (Fla. Dist. Ct. App. 2001)

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