Thе issue in this case is whether the triаl court cоmmitted reversiblе error by allowing the state, аfter it had restеd and the defеnse had movеd for a judgment оf acquittal, to reopеn its ease to cure the dеfect pоinted out in the dеfense motion.
On appeal, the defendant relies on the opinion of Burton v. State,
Thе First District Court of Appeal has held in several eases thаt allowing the state to reopen its ease is a matter for the trial court’s discretion. See, e.g., Fitzhugh v. State,
Over 100 years аgo the Floridа Supreme Cоurt held that reopening a ease for additional testimony is a matter for the trial court’s discretion. Hoey v. Fletcher,
AFFIRMED.
