Stokes v. State

Full title: ANTHONY STOKES, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: May 12, 2004

871 So. 2d 1068 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D03-974.

Opinion filed May 12, 2004.

An Appeal from the Circuit Court for Dade County, Bertila Soto, Judge, Lower Tribunal No. 01-24781.

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

Charles J. Crist, Jr., Attorney General and Fredericka Sands, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and SHEVIN and WELLS, JJ.

PER CURIAM.

Affirmed. See Smithers v. State, 826 So.2d 916, 930 (Fla. 2002) ("A ruling on a motion for a mistrial is within the sound discretion of the trial court and should be `granted only when it is necessary to ensure that the defendant receives a fair trial.' Gore v. State, 784 So.2d 418, 427 (Fla. 2001)."), cert. denied, 537 U.S. 1203, 123 S.Ct. 1275, 154 L.Ed.2d 1045 (2003).

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.