JOHN C. GRAY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This appeal by the defendant below, from a judgment of conviction for aggravated assault and the sentence thereon, has been considered in the light of the record and briefs, and we hold that no reversible error has been shown. The defendant’s motion for discharge under the speedy trial rule (Rule 3.191 CrPR, 33 F.S.A.) was properly denied. The question presented thereby was determined adversely to the defendant previously by this court’s denial of his application for writ of prohibition. State ex rel. Gray v. Baker, Fla.App. 1973, 282 So. 2d 683. A statement of the prosecutor in closing argument for which the defendant moved for mistrial did not requirement the granting of a mistrial, when viewed in connection with what was said by attorneys for both sides in argument bearing on the subject to which the chai- lenged remark related (Broge v. State, Fla.App.1974, 288 So. 2d 280) and in view of the charge of court. There was no motion to strike and for a cautionary instruction to disregard. See Morris v. State, 100 Fla. 850, 130 So. 582; Ricks v. State, Fla. App.1971, 242 So. 2d 763. We find no illegality in the sentence imposed.
The judgment is affirmed.
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Parker Charles Peak, Jr. v. State, 363 So. 2d 1166 (Fla. 3d DCA 1978)…by the prosecuting attorney in final argument to the jury and in denying his motion for mistrial based thereon. In our view, these remarks were insufficient to upset the conviction herein. Whitney v. State, 132 So. 2d 599 (Fla.1951); Gray v. State, 296 So. 2d 612 (Fla. 3d DCA 1974); Frazier v. State, 294 So. 2d 691 (Fla. 1st DCA 1974); Ricks v. State, 242 So. 2d 763 (Fla. 3d DCA 1971). Affirmed.…
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Francis v. State, 343 So. 2d 932 (Fla. 3d DCA 1977)…the comment was improper, which we do not here find, it was justified in response to remarks by defense counsel, and, therefore, no error has been- made to appear, in this regard. Wingate v. State, 232 So. 2d 44 (Fla.3rd D.C.A. 1970); Gray v. State, 296 So. 2d 612 (Fla.3rd D.C.A. 1974); Lawson v. State, 304 So. 2d 522 (Fla.3rd D.C.A. 1974). The verdict, adjudication of guilt, and sentence here under review be and the same are hereby affirmed. Affirmed.…
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Diaz v. State, 323 So. 2d 289 (Fla. 3d DCA 1975)…2 So. 2d 763; Reis v. State, Fla.App.1971, 248 So. 2d 666; Hemmerle v. City of Wilton Manors, Fla.App.1971, 251 So. 2d 146; Starling v. State, Fla.App.1972, 263 So. 2d 645; Oatman v. State, Fla.App.1974, 289 So. 2d 431; Gray v. State, Fla. App.1974, 296 So. 2d 612; McNeal v. State, Fla.App.1974, 303 So. 2d 698; Rule 6.7(g), F.A.R.; Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067; Neil v. Riggers, 409 U.S. 188, 93 S.Ct. 375, 34 L.Ed.2d 401. See also: David v. State, Fla.App.1973, 277 So. 2…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Morris v. State, 100 Fla. 850 (Fla. 1930)
- Ricks v. State, 242 So. 2d 763 (Fla. 3d DCA 1971)
- Broge v. State, 288 So. 2d 280 (Fla. 4th DCA 1974)
- Smith v. State, 282 So. 2d 683 (Fla. 4th DCA 1973)