MACKENLEY WIDNER FIACRE
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-08-01
No. 16-2116
252 So. 3d 386 Florida District Court of Appeal, First District (2018)

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Holding

Affirmed the trial court's denial of the motion for mistrial based on prosecutor's improper vouching of government witnesses.


Headnotes

[1] A trial court does not abuse its discretion by denying a motion for mistrial based on a prosecutor's improper vouching of government witnesses when the prosecutor's state…

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Facts & Procedural History

Fiacre was convicted of first-degree murder and armed burglary in Duval County. He appealed, arguing the trial court abused its discretion in denying …

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Opinion of the Court

August 1, 2018 PER CURIAM.

We affirm Appellant’s judgments and sentences for first- degree murder and armed burglary. For the reasons discussed in his co-defendant’s case, Lai v. State, No. 1D16-1882 (Fla. 1st DCA August 1, 2018), we reject Appellant’s claim that the trial court abused its discretion when it denied the motion for mistrial based on the prosecutor’s improper vouching of government witnesses. We decline to comment on Appellant’s other claims.

AFFIRMED.

B.L. THOMAS, C.J., and WOLF and RAY, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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