Florida District Courts of Appeal, 2011

Brown v. State

Brown v. State
Florida District Courts of Appeal · Decided December 23, 2011 · Evander, Monaco, Orfinger
76 So. 3d 1074; 2011 Fla. App. LEXIS 20496; 2011 WL 6438616 (Southern Reporter, Third Series)

Brown v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. See Escobedo v. State, 561 So.2d 429, 430 (Fla. 3d DCA 1990) (“Whatever the merits of the claim, it cannot now be considered because, when the *1075trial judge explicitly offered the defendant a mistrial on this ground below, defense counsel just as specifically withdrew the motion. It is therefore plain that the identical contention may not now be resurrected as a basis for reversal only after the jury has returned an unwelcome verdict.”).

ORFINGER, C.J., MONACO and EVANDER, JJ., concur.

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