Florida District Courts of Appeal, 2000

Givens v. State

Givens v. State
Florida District Courts of Appeal · Decided January 19, 2000 · Fletcher, Jorgenson, Schwartz
748 So. 2d 381; 2000 Fla. App. LEXIS 334; 2000 WL 35896 (Southern Reporter, Second Series)

Givens v. State

Opinion of the Court

PER CURIAM.

Affirmed. The victim’s inadvertent comment on the defendant’s prior robbery conviction was not solicited by the State and does not warrant a mistrial. See Hamilton v. State, 703 So.2d 1038, 1041 (Fla. 1997)(upholding denial of mistrial where improper comment was unanticipated and brief and the trial court tendered a curative instruction); Larzelere v. State, 676 So.2d 394, 400-01 (Fla.l996)(in-advertent comment on defendant’s son’s drug use “was insufficient to warrant a mistrial given its limited nature and the trial court’s curative instructions”).

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