Opinion
No. 1D19-2483
01-21-2021
Jason Trevon WHARTON, Appellant, v. STATE of Florida, Appellee.
Jessica J. Yeary, Public Defender, Kevin P. Steiger, Assistant Public Defender, and Greg Caracci, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Robert "Charlie" Lee, Assistant Attorney General, Tallahassee, for Appellee.
Jessica J. Yeary, Public Defender, Kevin P. Steiger, Assistant Public Defender, and Greg Caracci, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Robert "Charlie" Lee, Assistant Attorney General, Tallahassee, for Appellee.
Per Curiam.
Jason Trevon Wharton appeals his judgment and sentence for burglary of a dwelling with a battery. Wharton argues that the trial court erred when it denied his motion for a mistrial based on the State's violation of Haliburton v. State , 561 So. 2d 248 (Fla. 1990), as well as when it denied his motion for a new trial based on cumulative fundamental error. With respect to Wharton's Haliburton claim, we conclude that the State's questioning concerning the absence of certain potential alibi witnesses falls within the narrow "special relationship" exception as explained in Jackson v. State , 575 So. 2d 181, 188 (Fla. 1991). We further conclude that, cumulatively, the alleged errors identified by Wharton do not amount to reversible fundamental error.
AFFIRMED.
Rowe, Winokur, and Nordby, JJ., concur.