FRANKY ST. LOUIS JOSEPH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1998-02-04
No. 96-819
Before NESBITT, GERSTEN and FLETCHER, JJ.
704 So. 2d 1149 Florida District Court of Appeal, Third District (1998) Positive Treatment
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Franky St. Louis Joseph appeals his conviction for premeditated murder contending, inter alia, that certain comments made by the prosecution in closing argument required a mistrial. Our review of the record leads us to conclude that the strong curative instruction promptly given by the trial court alleviated any possible prejudice, thus the court correctly denied the mistrial motion. See, e.g. Kivett v. State, 629 So. 2d 249 (Fla. 3d DCA 1993).

Finding no merit in Joseph’s other contention we affirm his conviction.

Affirmed.


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  • Talley v. State, 260 So. 3d 562 (Fla. 3d DCA 2019)
  • Perez v. State, 856 So. 2d 1074 (Fla. 5th DCA 2003)
    …y further and instructed the jury to disregard the question. Given the weight of the evidence and the fact that Perez admitted to selling drugs, the partially asked question was not so prejudicial as to vitiate the entire trial. See Joseph v. State, 704 So. 2d 1149, 1149 (Fla. 3d DCA 1998) (“strong curative instruction promptly given by the trial court alleviated any possible prejudice, thus trial court correctly denied the mistrial motion”). AFFIRMED. PALMER and TORPY, JJ., concur. . Richardson v. State, 2…
  • Rolle v. State, 215 So. 3d 75 (Fla. 3d DCA 2016)
    …denying the defendant’s motion for a mistrial because the defense counsel’s objection to the State’s question was sustained before Detective Stein answered the question, and the trial court gave the jury a curative instruction. See Joseph v. State, 704 So. 2d 1149 (Fla. 3d DCA 1998) (“[T]he strong curative instruction promptly given by the trial court alleviated any possible prejudice, thus the court correctly denied the mistrial motion.”). [*80] III. The victim’s hearsay testimony The defendant contends tha…

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