Brown v. State

• Decision Date: 23 December 2011
• Docket Number: No. 5D10–2839.,5D10–2839.
• Citation: 76 So.3d 1074
• Parties: James BROWN, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

76 So.3d 1074

James BROWN, Appellant,

v.STATE of Florida, Appellee.

No. 5D10–2839.

District Court of Appeal of Florida, Fifth District.

Dec. 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.

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.