MIGUEL PEREZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Talley v. State, 260 So. 3d 562 (Fla. 3d DCA 2019)
• Franky St. Louis Joseph v. State, 704 So. 2d 1149 (Fla. 3d DCA 1998)
  …uired a mistrial. Our review of the record leads us to conclude that the strong curative instruction promptly given by the trial court alleviated any possible prejudice, thus the court correctly denied the mistrial motion. See, e.g. Kivett v. State, 629 So. 2d 249 (Fla. 3d DCA 1993). Finding no merit in Joseph’s other contention we affirm his conviction. Affirmed.…
• Jarrett v. State, 654 So. 2d 973 (Fla. 1st DCA 1995)
  …t 712. We believe deciding the present appeal is fully consonant with the teachings of Gurican. The present case is distinguishable from Gurican in that appellant was back in custody before the motion for new trial was decided. See Kivett v. State, 629 So. 2d 249 (Fla. 3d DCA 1993). His absence did not delay judgment, sentence, or time for appeal in the way Gurican’s absence did. Appellant did not “escape[ ] from the restraints placed upon him pursuant to the conviction.” Molinaro, 396 U.S. at 366, 90 S.Ct.…

Authorities Cited

• Munoz v. State, 629 So. 2d 90 (Fla. 1993)
• Oliverio v. State, 583 So. 2d 412 (Fla. 4th DCA 1991)