From Casetext: Smarter Legal Research

Joseph v. State

District Court of Appeal of Florida, Third District
Feb 4, 1998
704 So. 2d 1149 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 96-819

Opinion filed February 4, 1998. JANUARY TERM, A.D. 1998

An appeal from the Circuit Court of Dade County, Amy Dean and Ellen Leesfield, Judges. L.T. Case No. 94-1289

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before NESBITT, GERSTEN, and FLETCHER, JJ.


Franky St. Louis Joseph appeals his conviction for premediated murder contending, inter alia, that certain comments made by the prosecution in closing argument required a mistrial. Our review of the record leads us to conclude that the strong curative instruction promptly given by the trial court alleviated any possible prejudice, thus the court correctly denied the mistrial motion. See, e.g. Kivett v. State, 629 So.2d 249 (Fla. 3d DCA 1993).

Finding no merit in Joseph's other contention we affirm his conviction.

Affirmed.


Summaries of

Joseph v. State

District Court of Appeal of Florida, Third District
Feb 4, 1998
704 So. 2d 1149 (Fla. Dist. Ct. App. 1998)
Case details for

Joseph v. State

Case Details

Full title:FRANKY ST. LOUIS JOSEPH, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Feb 4, 1998

Citations

704 So. 2d 1149 (Fla. Dist. Ct. App. 1998)

Citing Cases

Talley v. State

See Wellons, 87 So.3d at 1225 (citation omitted). Accordingly, we cannot find that the trial court abused its…

Rolle v. State

While it is undoubtedly true that testimony regarding the detective's disciplinary history in another case…