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391 So. 2d 716

Moten v. State

District Court of Appeal of Florida

Decided December 16, 1980

District Court of Appeal of Florida · decided 1980-12-16

Relies on Perry v. State · 222 So. 2d 431 - Rhome v. State · Berezovsky v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-12-16

How this case has been cited

Cited by 8 later decisions — most recently March 2002

8 state decisions

60198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1The final judgment of conviction and sentence under review is affirmed upon a holding that the testimony and prosecutorial argument complained of on appeal were not so prejudicial as to call for a mistrial, as urged, rather than a cautionary jury instruction [specifically declined by appellant in the trial court] because: (a) the track mark testimony was at worst an oblique and extremely vague attack on appellant’s character which could have been cured, in our view, by a cautionary instruction; and (b) the alleged attempted drug sale testimony and argument was at worst a disjointed and rather confusing effort to suggest appellant’s involvement in another crime which, in our view, could have also been cured by a cautionary instruction. Rivers v. State, 226 So.2d 337 (Fla.1969); Perry v. State, 146 Fla. 187, 200 So. 525 (1941); Flowers v. State, 351 So.2d 764 (Fla. 3d DCA 1977); Rhome v. State, 222 So.2d 431 (Fla. 3d DCA 1969).

¶2Affirmed.

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