Opinion
No. 83-806.
February 8, 1984.
Appeal from the Circuit Court, Broward County, Frank A. Orlando, J.
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.
Although we are of the view that the trial court should not have stated to a prosecution witness upon completion of her testimony, "Thank you, Miss Smith. Good luck to you," we do not believe such remark mandated a mistrial. Cf. Blake v. State, 336 So.2d 454 (Fla. 3d DCA 1976) and People v. Roby, 38 Mich. App. 387, 196 N.W.2d 346 (1972). In our view any error could have been cured by an instruction to the jury, but no such instruction was requested. We also find no error in the other issues raised.
Accordingly, the judgment and sentence are affirmed.
ANSTEAD, C.J., and BERANEK, J., concur.
WALDEN, J., dissenting without opinion.