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728 So. 2d 286

Docket No. 98-2300.

Butler v. State

Derondeil Tirell BUTLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 10, 1999.

District Court of Appeal of Florida · decided 1999-02-10

Cited by 3 later decisions — most recently August 2003

3 state decisions

Relies on 491 So. 2d 1129 - State v. DiGuilio · 118 S. Ct. 335 - Gens v. Federal Deposit Insurance · Gudinas v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-02-10

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¶1Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

¶2Robert A. Butterworth, Attorney General, and Dominique T. Suite-Brown, Assistant Attorney General, for appellee.

¶3Before COPE, LEVY, and SHEVIN, JJ.

¶4PER CURIAM.

¶5Derondeil Tirell Butler appeals his conviction for leaving the scene of an accident with injuries. See § 316.027, Fla. Stat. (Supp.1996). The trial court sustained the defendant-appellant's objections to the prosecutor's improper remarks during opening statements, and gave a curative instruction to the jury. We conclude that the denial of the defendant's motion for mistrial was within sound discretion. See Gudinas v. State,693 So.2d 953, 964 (Fla.), cert. denied, ___ U.S. ___, 118 S.Ct. 345, 139 L.Ed.2d 267 (1997). The court sustained the defendant's objection *287 to a police officer's testimony regarding the source of photos for the photo lineup, which could be interpreted as suggesting to the jury that defendant had a prior arrest record. We concur that a mistrial was not called for, see id., and a curative instruction undoubtedly would have been given if requested. Assuming arguendo that there was any error, it was harmless. See Watts v. State,593 So.2d 198, 203 (Fla.1992); State v. DiGuilio,491 So.2d 1129 (Fla.1986).

¶6Affirmed.

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