5D09-834 Nivardo Nunez v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-834

Case Date: 02/15/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

NIVARDO LEON NUNEZ, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 19, 2010 Appeal from the Circuit Court for Orange County, Walter Komanski, Judge. James S. Purdy, Public Defender, and Robert Wildridge, Assistant Public Defender, Daytona Beach, for Appellant. Nivardo L. Nunez, Perry, pro se. Bill McCollum, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D09-834

PER CURIAM. We affirm the appellant's judgment and sentence. The prosecutor's isolated

statement concerning the law, which was arguably a misstatement, followed by the trial court's proper instructions to the jury with respect to the law does not constitute grounds for reversal. See Lugo v. State, 845 So. 2d 74, 108-109 (Fla.), cert. denied, 540 U.S.

920 (2003); Cabrera v. State, 490 So. 2d 200 (Fla. 3d DCA 1986); see also Fennie v. State, 855 So. 2d 597, 609 (Fla. 2003), cert denied, 541 U.S. 975 (2004). AFFIRMED.

MONACO, C.J., GRIFFIN and PALMER, JJ., concur.

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