BEVERLY SOUELS
v.
STATE OF FLORIDA

Fla. 6th DCA | 2023-02-03
No. 23-0048
Florida District Court of Appeal, Sixth District (2023) Positive Treatment

Opinion of the Court

PER CURIAM. AFFIRMED. See Guzman v. State, 214 So. 3d 625, 633 (Fla. 2017) (“While [the officer’s] statement did indicate that Guzman was in jail at the time the buccal swabs were obtained, and he was indeed in jail, the only charge for which he was in custody at that time was Fernandez’s murder.”); Cherisme v. State, 306 So. 3d 1166,

1166 (Fla. 3d DCA 2020) (no abuse of discretion where trial court denied motion for mistrial and issued curative instruction after victim described appellant’s co-defendant as “the one in jail”).1 TRAVER, NARDELLA and SMITH, JJ., Concur. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED

Footnotes
1 This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023.

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