5D10-2839 James Brown v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-2839

Case Date: 12/19/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011

JAMES BROWN, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 23, 2011 Appeal from the Circuit Court for Lake County, Mark A. Nacke, Judge. James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D10-2839

PER CURIAM. AFFIRMED. See Escobedo v. State, 561 So. 2d 429, 430 (Fla. 3d DCA 1990) ("Whatever the merits of the claim, it cannot now be considered because, when the trial judge explicitly offered the defendant a mistrial on this ground below, defense counsel just as specifically withdrew the motion. It is therefore plain that the identical contention

may not now be resurrected as a basis for reversal only after the jury has returned an unwelcome verdict.").

ORFINGER, C.J., MONACO and EVANDER, JJ., concur.

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