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748 So. 2d 381

Givens v. State

District Court of Appeal of Florida

Decided January 19, 2000

District Court of Appeal of Florida · decided 2000-01-19

Relies on Larzelere v. State · 703 So. 2d 1038 - Hamilton v. State

Decided 2000-01-19

PER CURIAM.

¶1Affirmed. The victim’s inadvertent comment on the defendant’s prior robbery conviction was not solicited by the State and does not warrant a mistrial. See Hamilton v. State, 703 So.2d 1038, 1041 (Fla.1997)(upholding denial of mistrial where improper comment was unanticipated and brief and the trial court tendered a curative instruction); Larzelere v. State, 676 So.2d 394, 400-01 (Fla.l996)(in-advertent comment on defendant’s son’s drug use “was insufficient to warrant a mistrial given its limited nature and the trial court’s curative instructions”).

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