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BENOIT v. STATE

No. 5D12-711.

113 So.3d 939 (2013)

Mark BENOIT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 25, 2013.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and David S. Morgan , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Carmen F. Corrente , Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

TORPY and EVANDER, JJ., concur.

ORFINGER, C.J., concurring specially with opinion.

ORFINGER, C.J., concurring specially with opinion.

I concur with the decision to affirm Mr. Benoit's convictions. While the State clearly, in my view, violated the court's order in limine, it was within the trial court's discretion to deny the motion for mistrial.

In her opening statement, the prosecutor referred to matters...

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