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GIVENS v. STATE

No. 3D99-1910.

748 So.2d 381 (2000)

Mark GIVENS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 19, 2000.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Gary K. Milligan, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and FLETCHER, JJ.

PER CURIAM.

Affirmed. 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

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