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Mitchell v. State

District Court of Appeal of Florida, Fifth District
May 18, 2001
787 So. 2d 931 (Fla. Dist. Ct. App. 2001)

Opinion

No. 5D99-3187.

Opinion filed May 18, 2001. Rehearing Denied June 26, 2001.

Appeal from the Circuit Court for Brevard County, Warren C. Burk, Judge.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee.


AFFIRMED. See State v. Rawls, 649 So.2d 1350, 1352 (Fla. 1994) ("The relationship must be one in which there is a recognizable bond of trust with the defendant, similar to the bond that develops between a child and her grandfather, uncle, or guardian")(emphasis added); see Gudinas v. State, 693 So.2d 953, 964 (Fla. 1997) ("a `motion for mistrial should be granted only when it is necessary to ensure that the defendant receives a fair trial'")(quoting Power v. State, 605 So.2d 856, 861 (Fla. 1992),cert. denied, 507 U.S. 1937 (1993)).

THOMPSON, C.J., COBB and PLEUS, JJ., Concur.


Summaries of

Mitchell v. State

District Court of Appeal of Florida, Fifth District
May 18, 2001
787 So. 2d 931 (Fla. Dist. Ct. App. 2001)
Case details for

Mitchell v. State

Case Details

Full title:LESTER MITCHELL, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 18, 2001

Citations

787 So. 2d 931 (Fla. Dist. Ct. App. 2001)