McCALL v. STATE

No. 83-2698.

463 So.2d 425 (1985)

Marlon S. McCALL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 5, 1985.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender; and Loren H. Cohen and Julian S. Mack, Sp. Appointed Public Defenders, for appellant.

Jim Smith, Atty. Gen., and Michael Neiman and Richard Doran, Asst. Attys. Gen., for appellee.

Before BARKDULL, HENDRY and BASKIN, JJ.


BASKIN, Judge.

The primary issue presented in this appeal from a robbery conviction and fifteenyear sentence is whether the unsolicited trial testimony of a police detective that he obtained a description of appellant from the "police rap sheet" mandated the granting of a mistrial. We affirm upon a holding that based upon the circumstances of this case and appellant's failure to request a curative instruction, the comment did not rise to the level of prejudicial error...

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