MANUEL HERNANDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2009-08-05
No. 4D08-798
STEVENSON, MAY and LEVINE, JJ„ concur.
15 So. 3d 901 Florida District Court of Appeal, Fourth District (2009) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The Appellant appeals his conviction and sentence on two counts of lewd and lascivious molestation. He argues the trial court erred in allowing Williams 1 rule evidence to become a feature of the trial and in denying his motion for mistrial. We disagree and affirm.

Appellant did not object to the admission of Williams rule evidence in this appeal. Rather, he objected only on the ground that the otherwise properly admitted Williams rule evidence became a centerpiece or feature of the trial.

We have reviewed the record and find that the otherwise properly admitted evidence did not become an improper feature of the trial. Additionally, the trial court gave cautionary instructions to the jury to prevent it from becoming a “feature.” See McLean v. State, 934 So.2d 1248, 1263 (Fla.2006). We find no merit in the argument concerning the motion for mistrial.

Affirmed.

STEVENSON, MAY and LEVINE, JJ„ concur.


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  • Jewel Grier v. State, 27 So. 3d 97 (Fla. 4th DCA 2009)
    …). The State made few references to the collateral witnesses in closing (all were in rebuttal), and the trial court gave cautionary instructions throughout the trial to prevent L.R.’s and L.H.’s testimony from becoming a feature. Hernandez v. State, 15 So. 3d 901 (Fla. 4th DCA 2009). For these reasons, we affirm the appellant’s convictions and sentence. Affirmed. FARMER, J., concurs. WARNER, J., concurs specially with opinion. . Ultimately, P.H. did not testify at trial. . We note that Grier has not ch…

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