MOTEN v. STATE

No. 78-1351.

391 So.2d 716 (1980)

Alford MOTEN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 16, 1980.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., NESBITT, J., and MELVIN, WOODROW M. (Ret.), Associate Judge.


PER CURIAM.

The final judgment of conviction and sentence under review is affirmed upon a holding that the testimony and prosecutorial argument complained of on appeal were not so prejudicial as to call for a mistrial, as urged, rather than a cautionary jury instruction [specifically declined by appellant in the trial court] because: (a) the track mark testimony was at worst an oblique and extremely vague attack on appellant's character which could have been cured...

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