DERONDEIL TIRELL BUTLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Curative Instruction cases and more on FLexlaw
PER CURIAM.
Derondeil Tirell Butler appeals his conviction for leaving the scene of an accident with injuries. See § 316.027, Fla. Stat. (Supp.1996). The trial court sustained the defendant-appellant’s objections to the prosecutor’s improper remarks during opening statements, and gave a curative instruction to the jury. We conclude that the denial of the defendant’s motion for mistrial was within sound discretion. See Gudinas v. State, 693 So. 2d 953, 964 (Fla.), cert. denied, — U.S. -, 118 S.Ct. 345, 139 L.Ed.2d 267 (1997). The court sustained the defendant’s objection to a police officer’s testimony regarding the source of photos for the photo lineup, which could be interpreted as suggesting to the jury that defendant had a prior arrest record. We concur that a mistrial was not called for, see id., and a curative instruction undoubtedly would have been given if requested. Assuming arguendo that there was any error, it was harmless. See Watts v. State, 593 So. 2d 198, 203 (Fla.1992); State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wheeler v. State, 784 So. 2d 1249 (Fla. 3d DCA 2001)…PER CURIAM. Affirmed. Del Rio v. State, 732 So. 2d 1100 (Fla. 3d DCA 1999); Butler v. State, 728 So. 2d 286 (Fla. 3d DCA 1999); Fla. R .Crim.P. 3.140(o).…
-
Booker T. Greene v. State, 745 So. 2d 586 (Fla. 3d DCA 1999)…PER CURIAM. We affirm defendant’s conviction, see Butler v. State, 728 So. 2d 286 (Fla. 3d DCA 1999), without prejudice to raising any ineffective assistance of trial counsel issues in an appropriate post conviction relief motion. Affirmed.…
-
Turner v. State, 851 So. 2d 276 (Fla. 4th DCA 2003)…g the violation other than threatening a mistrial.2 For example, defense counsel’s comments during opening statements, if improper, could have been corrected by sustaining the state’s objection and giving a curative instruction. See Butler v. State, 728 So. 2d 286 (Fla. 3d DCA 1999)(holding that a mistrial was not warranted when the trial court sustained the defendant’s objection to the prosecutor’s remarks during opening statements and thereafter gave a curative instruction to the jury). In any event, the re…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Gudinas v. State, 693 So. 2d 953 (Fla. 1997)
- Watts v. State, 593 So. 2d 198 (Fla. 1992)