Florida District Courts of Appeal, 1990

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided February 13, 1990 · Cope, Hubbart, Schwartz
557 So. 2d 121; 1990 Fla. App. LEXIS 779; 1990 WL 11779 (Southern Reporter, Second Series)

Perez v. State

Opinion of the Court

PER CURIAM.

Jose Perez appeals his conviction for possession of cocaine. We affirm.

First, assuming arguendo the prosecutor’s comments during opening statement were improper, the trial court acted within the bounds of sound discretion in giving a curative instruction, rather than ordering a mistrial. Second, in the unusual circumstances of the present case, the trial court had discretion to limit the cross-examination under section 90.403, Florida Statutes (1987). cf. Duncomb v. State, 237 So.2d 86, 87 (Fla. 3d DCA 1970) (“the cross-examination which was presented ... sufficiently placed the jury in a position to consider ... the credibility of the witnesses”). Third, the evidence was sufficient to convict the defendant. See Brown v. State, 428 So.2d 250 (Fla.), cert. denied, 463 U.S. 1209, 103 S.Ct. 3541, 77 L.Ed.2d 1391 (1983); Lawson v. State, 319 So.2d 613 (Fla. 1st DCA 1975). Fourth, the prosecutor’s closing argument did not constitute a comment on silence. See White v. State, 377 So.2d 1149 (Fla. 1979), habeas corpus denied, 386 So.2d 643 (Fla.), cert. denied, 449 U.S. 845, 101 S.Ct. 129, 66 L.Ed.2d 54 (1980); Whitfield v. State, 479 So.2d 208, 216-17 (Fla. 4th DCA 1985).

Affirmed.

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