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76 So. 3d 1074

Brown v. State

District Court of Appeal of Florida

Decided December 23, 2011

District Court of Appeal of Florida · decided 2011-12-23

Relies on 561 So. 2d 429 - Albury v. State

Decided 2011-12-23

PER CURIAM.

¶1AFFIRMED. See Escobedo v. State, 561 So.2d 429, 430 (Fla. 3d DCA 1990) (“Whatever the merits of the claim, it cannot now be considered because, when the *1075trial judge explicitly offered the defendant a mistrial on this ground below, defense counsel just as specifically withdrew the motion. It is therefore plain that the identical contention may not now be resurrected as a basis for reversal only after the jury has returned an unwelcome verdict.”).

ORFINGER, C.J., MONACO and EVANDER, JJ., concur.
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