BEVERLY SOUELS v. STATE OF FLORIDA (2023)

District Court of Appeal of Florida, Sixth District.

BEVERLY SOUELS, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 6D23-48

Decided: February 03, 2023

Howard L. “Rex” Dimmig, II, Public Defender, and Mark C. Katzef, Special Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Natalia Reyna-Pimiento, Assistant Attorney General, Tampa, for Appellee.

AFFIRMED. See Guzman v. State, 214 So. 3d 625, 633 (Fla. 2017) (“While [the officer's] statement did indicate that Guzman was in jail at the time the buccal swabs were obtained, and he was indeed in jail, the only charge for which he was in custody at that time was Fernandez's murder.”); Cherisme v. State, 306 So. 3d 1166, 1166 (Fla. 3d DCA 2020) (no abuse of discretion where trial court denied motion for mistrial and issued curative instruction after victim described appellant's codefendant as “the one in jail”).¹

FOOTNOTES

1. This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023.

PER CURIAM.

TRAVER, NARDELLA and SMITH, JJ., Concur.

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