Flowers v. State, 76-995
| Decision Date | 15 November 1977 |
| Docket Number | No. 76-995,76-995 |
| Parties | Nathaniel FLOWERS, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Margarita G. Esquiroz, Asst. Atty. Gen., for appellee.
Before PEARSON, HAVERFIELD and NATHAN, JJ.
Nathaniel Flowers was charged by information with burglary of a dwelling and grand larceny. At trial, a jury found Flowers guilty on the charge of burglary, and not guilty on the charge of grand larceny. Following a presentence investigation, the trial court adjudicated Flowers guilty of burglary and sentenced him to fifteen years in the state penitentiary. On this appeal, Flowers contends that an answer given by a state witness suggested that he (Flowers) had prior criminal entanglements, and that the court erred in denying defense counsel's motion for a mistrial on those grounds. We do not agree.
The record reflects that on defense counsel's cross examination of a state witness, extensive inquiry was made into the matter of who first identified the defendant while the witness and a police officer were searching for him in the officer's car. In attempting to ascertain from the witness whether he identified the defendant before or after the officer brought him (the defendant) back to the car, defense counsel read into the record a portion of the witness' testimony given in a pretrial deposition:
"Q Page 17.
And you said, " (emphasis added)
On redirect examination of that witness by the prosecutor, the following colloquy took place "Q . . . when you were riding around with the officer and you saw the defendant, who said something first, you or the officer; if you recall?
A That I'm not sure about, because the officer evidently recognized the man from probably previous things." (emphasis added)
Defense counsel objected and moved for a mistrial. The objection was sustained, but the motion for mistrial was denied. The jury was instructed to "disregard the last statement."
In our opinion, the question of who said something first was proper on redirect examination as it related directly to questions...
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Wilson v. State
...115 (1979). A motion for mistrial should only be granted in cases of absolute legal necessity. Salvatore v. State; Flowers v. State, 351 So.2d 764 (Fla. 3d DCA 1977). There was no such necessity in the instant case. The record does not disclose that the prosecutor intentionally tried to cre......
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Hellman v. State
...354 So.2d 112 (Fla. 3d DCA 1978) (reference by witness to fact that defendant had been in prison cured by instruction); Flowers v. State, 351 So.2d 764 (Fla. 3d DCA 1977) (denial of motion for mistrial proper when officer's statement that he recognized the defendant from "previous things" w......
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Fields v. State, 79-858
...The trial court properly denied the motion for mistrial. Sykes v. State, 329 So.2d 356 (Fla. 1st DCA 1976); Flowers v. State, 351 So.2d 764 (Fla. 3d DCA 1977). The other testimony tending to show commission of a collateral criminal activity by the defendant was that of the minor female vict......
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Marshall v. State, 82-802
...354 So.2d 112 (Fla. 3d DCA 1978) (reference by witness to fact that defendant had been in prison cured by instruction); Flowers v. State, 351 So.2d 764 (Fla. 3d DCA 1977) (denial of motion for mistrial proper when officer's statement that he recognized the defendant from "previous things" w......