THOMAS JACKIE FANN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1984-08-01
No. 83-1564
LETTS and HURLEY, JJ., concur.
453 So. 2d 230 Florida District Court of Appeal, Fourth District (1984) Positive Treatment
Cited by 2 cases

Opinion of the Court
HERSEY, Judge.

HERSEY, Judge.

We affirm. The transactions sought to be severed were clearly and directly connected in an episodic sense. Williams v. State, 409 So. 2d 253 (Fla. 4th DCA) pet. for review denied, 417 So. 2d 331 (Fla.1982). The untested packets alleged to contain contraband were relevant under Section 90.402, Florida Statutes (1983), and admissible. Asmer v. State, 416 So. 2d 485 (Fla. 4th DCA 1982). Comments by the prosecutor during closing argument either were cured by cautionary instruction, Perry v. State, 146 Fla. 187, 200 So. 525 (Fla.1941), were waived by failure to move for mistrial, Clark v. State, 363 So. 2d 331 (Fla.1978), or were harmless, State v. Murray, 443 So. 2d 955 (Fla.1984).

LETTS and HURLEY, JJ., concur.


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  • Branch v. State, 549 So. 2d 1202 (Fla. 3d DCA 1989)
    …[*1203] PER CURIAM. Affirmed. Clark v. State, 363 So. 2d 331 (Fla.1978), overruled in part State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Fann v. State, 453 So. 2d 230 (Fla. 4th DCA 1984); Sloan v. State, 438 So. 2d 888 (Fla. 2d DCA 1983), review denied, 447 So. 2d 888 (Fla. 1984).…

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