LUTON v. STATE

No. 3D01-1467.

831 So.2d 690 (2002)

Calvin C. LUTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied December 11, 2002.


Attorney(s) appearing for the Case

Rier & Doherty, Miami, and Andrew F. Rier, for appellant.

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

Before LEVY, GERSTEN, and RAMIREZ, JJ.


Rehearing and Rehearing En Banc Denied December 11, 2002.

RAMIREZ, J.

Calvin C. Luton appeals his conviction for strong arm robbery. We affirm because the officer's remarks during the trial did not constitute grounds for mistrial.

On July 2, 2000, Saul Aguilar was leaving a restaurant sometime after midnight when he was hit on the head from behind. He lost consciousness and did not see who hit him. When Aguilar...

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