From Casetext: Smarter Legal Research

Mitz v. State

District Court of Appeal of Florida, Fourth District.
Apr 3, 2013
110 So. 3d 969 (Fla. Dist. Ct. App. 2013)

Opinion

No. 4D11–752.

2013-04-3

Timothy MITZ, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; James W. McCann, Judge; L.T. Case No. 562010CF002872A. Carey Haughwout, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; James W. McCann, Judge; L.T. Case No. 562010CF002872A.
Carey Haughwout, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.

Appellant appeals his convictions for burglary of a dwelling with an assault or battery, resisting an officer without violence, and sexual battery on a person twelve years of age or older and sentence of life in prison. Appellant raises two issues on appeal: whether the trial court committed fundamental error by instructing the jury on a theory allegedly not charged in the information and whether the trial court erred in denying his motion for mistrial based on a single reference to his membership in a gang, which the trial court instructed the jury to disregard. We find both issues to be without merit and therefore affirm.

Affirmed.

DAMOORGIAN, CIKLIN and LEVINE, JJ., concur.


Summaries of

Mitz v. State

District Court of Appeal of Florida, Fourth District.
Apr 3, 2013
110 So. 3d 969 (Fla. Dist. Ct. App. 2013)
Case details for

Mitz v. State

Case Details

Full title:Timothy MITZ, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: Apr 3, 2013

Citations

110 So. 3d 969 (Fla. Dist. Ct. App. 2013)