Florida District Courts of Appeal, 1984

Fann v. State

Fann v. State
Florida District Courts of Appeal · Decided August 1, 1984 · Hersey, Hurley, Letts
453 So. 2d 230; 9 Fla. L. Weekly 1687; 1984 Fla. App. LEXIS 14006 (Southern Reporter, Second Series)

Fann v. State

Opinion of the Court

HERSEY, Judge.

We affirm. The transactions sought to be severed were clearly and directly connected in an episodic sense. Williams v. State, 409 So.2d 253 (Fla. 4th DCA) pet. for review denied, 417 So.2d 331 (Fla. 1982). The untested packets alleged to contain contraband were relevant under Section 90.402, Florida Statutes (1983), and admissible. Asmer v. State, 416 So.2d 485 (Fla. 4th DCA 1982). Comments by the prosecutor during closing argument either were cured by cautionary instruction, Perry v. State, 146 Fla. 187, 200 So. 525 (Fla. 1941), were waived by failure to move for mistrial, Clark v. State, 363 So.2d 331 (Fla. 1978), or were harmless, State v. Murray, 443 So.2d 955 (Fla. 1984).

LETTS and HURLEY, JJ., concur.

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