ALBERTO PUENTES, A/K/A JUAN PUENTES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Alberto Puentes appeals his convictions for kidnapping with a weapon, burglary of a dwelling with an assault, and armed robbery.
Puentes first argues that the evidence is insufficient to support the kidnapping charge under Faison v. State, 426 So. 2d 963 (Fla.1983). In the present case, the victim was tied up for a half hour or more while the defendant and two other persons ransacked the house, stealing money and other property. We affirm the kidnapping conviction on the authority of Marsh v. State, 546 So. 2d 33 (Fla. 3d DCA 1989), to which the facts are similar. Puentes’ second point on appeal is that he was denied a fair trial because the prosecutor made improper comments concerning the credibility of the State’s witness during closing argument. Assuming arguen-do that the prosecutor made improper remarks during his closing argument, the defendant’s objection was sustained and defense counsel did not thereafter make a request for a curative instruction or a motion for a mistrial. Consequently, the point is not preserved for appellate review. See State v. Cumbie, 380 So. 2d 1031 (Fla.1980); State v. Fritz, 652 So. 2d 1243 (Fla. 5th DCA 1995); Houston v. State, 394 So. 2d 557 (Fla. 3d DCA 1981).
Affirmed.
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Citator
Cited By
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Barkett v. Gomez, 908 So. 2d 1084 (Fla. 3d DCA 2005)…it the outcome of a trial to seek the relief of a new trial based on an improper comment, but instead he must request a curative instruction or a mistrial at the time of the instruction or at the end of closing arguments); see also Puentes v. State, 658 So. 2d 171, 172 (Fla. 3d DCA 1995)(explaining that to preserve an objection to improper comments for appellate review, a party must request a curative instruction or move for a mistrial). In the instant case, the defendants’ objection to the plaintiffs counse…
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State v. Benton, 662 So. 2d 1364 (Fla. 3d DCA 1995)…ew trial based on that comment. State v. Fritz, 652 So. 2d 1243 (Fla. 5th DCA 1995) (where defendant did not seek further relief following court’s sustaining objection to prosecutor’s improper comment new trial order reversed); see Puentes v. State, 658 So. 2d 171 (Fla. 3d DCA 1995); Escobedo v. State, 561 So. 2d 429 (Fla. 3d DCA 1990); cf. Spencer v. State, 645 So. 2d 377 (Fla.1994) (where defendant objected, requested a mistrial, but did not request a curative instruction issue of improper prosecutorial clo…
Authorities Cited
- Faison v. State, 426 So. 2d 963 (Fla. 1983)
- State v. Cumbie, 380 So. 2d 1031 (Fla. 1980)
- State v. Fritz, 652 So. 2d 1243 (Fla. 5th DCA 1995)
- Houston v. State, 394 So. 2d 557 (Fla. 3d DCA 1981)
- Marsh v. State, 546 So. 2d 33 (Fla. 3d DCA 1989)