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717 So. 2d 628

Johnson v. State

District Court of Appeal of Florida

Decided September 25, 1998

District Court of Appeal of Florida · decided 1998-09-25

Relies on LeDuc v. Florida · Cummings v. West · 366 So. 2d 745 - Salvatore v. State

Decided 1998-09-25

GRIFFIN, Chief Judge.

¶1Carlrevius Johnson [“defendant”] appeals his convictions for first-degree premeditated murder, robbery with a firearm, and attempted first-degree premeditated murder. He raises five issues on appeal, none of which warrants reversal, and we affirm his convictions and sentences.

¶2Appellant is correct that it was error for the state to elicit testimony from its own witness, Vaughn, that he had never been convicted of any crime other than driving with a suspended license. This testimony was improperly used to bolster Vaughn’s credibility by establishing that Vaughn was essentially a law-abiding citizen. The lower court did issue a pointed curative instruction, however. There was no abuse of discretion in denying the motion for mistrial. Hamilton v. State, 703 So.2d 1038 (Fla.1997), cert. denied, — U.S. -, 118 S.Ct. 2377, 141 L.Ed.2d 744 (1998); Duest v. State, 462 So.2d 446, 448 (Fla.1985); Salvatore v. State, 366 So.2d 745 (Fla.1978), cert. denied, 444 U.S. 885, 100 S.Ct. 177, 62 L.Ed.2d 115 (1979).

¶3AFFIRMED.

DAUKSCH and ANTOON, JJ., concur.
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