MONTAQUE v. STATE (1997)

District Court of Appeal of Florida,Fourth District.

Larry MONTAQUE, Appellant, v. STATE of Florida, Appellee.

No. 96-3002.

Decided: August 27, 1997

Richard L. Jorandby, Public Defender, and Joseph Chloupek, Assistant Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellee.

We affirm appellant's conviction for possession of cannabis with intent to sell, contrary to section 893.13(1)(d)2, Florida Statutes (1995). The trial court correctly sustained appellant's objection to the undercover officer's testimony that his team went to the area of the arrest because of “many complaints [to the police department] regarding narcotics being sold [in the area].” See Wheeler v. State, 690 So.2d 1369 (Fla. 4th DCA 1997). In light of the trial court's curative instruction, we find no error in the denial of appellant's motion for mistrial.

The trial court correctly sustained two defense objections to the prosecutor's closing argument. We find no abuse of discretion in the trial judge's denial of appellant's motion for mistrial. See Power v. State, 605 So.2d 856, 861 (Fla.1992).

AFFIRMED.

PER CURIAM.

GLICKSTEIN, PARIENTE and GROSS, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network