¶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”).
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