Givens v. State

Full title: MARK GIVENS, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jan 19, 2000

748 So. 2d 381 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-1910.

Opinion filed January 19, 2000.

An Appeal from the Circuit Court for Dade County, Roberto M. Pineiro, Judge, L.T. No. 98-26597.

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Gary K. Milligan, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and FLETCHER, JJ.

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. 1996) (inadvertent 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").