GIVENS v. STATE (2000)

District Court of Appeal of Florida,Third District.

Mark GIVENS, Appellant, v. The STATE of Florida, Appellee.

No. 3D99-1910.

Decided: January 19, 2000

Before SCHWARTZ, C.J., and JORGENSON and FLETCHER, JJ.

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Gary K. Milligan, Assistant Attorney General, for appellee.

Affirmed. The victim's inadvertent comment on the defendant's prior robbery conviction was not solicited by the State and does not warrant a mistrial. See Hamilton v. State, 703 So.2d 1038, 1041 (Fla.1997)(upholding denial of mistrial where improper comment was unanticipated and brief and the trial court tendered a curative instruction); Larzelere v. State, 676 So.2d 394, 400-01 (Fla.1996)(inadvertent comment on defendant's son's drug use “was insufficient to warrant a mistrial given its limited nature and the trial court's curative instructions”).

PER CURIAM.

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