Opinion

Brown v. State

76 So. 3d 1074
2011 Fla. App. LEXIS 20496
2011 WL 6438616

Court: District Court of Appeal of Florida
Filed: Dec 23, 2011
Status: Published
On the bench: Evander, Monaco, Orfinger
Cited by: 0 cases
Authority: More cited than 17.9%

The opinion

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 *1075 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.

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