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LEROY MACKEY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-527

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 LEROY MACKEY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-527 [January 19, 2011] GERBER, J. The defendant appeals his first-degree murder conviction. He argues that the trial court erred by: (1) denying his motion in limine to prohibit the state from introducing ballistics evidence; (2) overruling his objection to the state?s rebuttal closing argument; and (3) denying his motion for new trial. On the first two arguments, we affirm. On the third argument, we remand for an evidentiary hearing. The state presented the following evidence at trial. A woman in her apartment saw a shooting occur across the street. She recognized the shooter as the defendant, whom she knew from the neighborhood...continue to full post

Full post as published by Florida Criminal Law Opinions on January 19, 2011 (boomark / email).