LEE ALLEN WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in denying the defendant's motion for a mistrial because the disclosure of a prior arrest was harmless error.
The defendant was found guilty of breaking and entering with intent to commit petit larceny. During the trial, a police officer testified that he had …
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PER CURIAM.
The appellant was found guilty by a jury on two counts of breaking and entering with intent to commit petit larceny. The proof of guilt was overwhelming. The single error urged by the defendant is that the court erred in denying defendant’s motion for a mistrial when a State’s witness, a police officer, disclosed that he had arrested the defendant upon a prior occasion.
The disclosure appears to have been inadvertent :
“Q. When did you first come in contact with Mr. Williams”
A. I don’t remember what date it was, one morning about nine o’clock I arrested him on a bench warrant.”
The curative instruction was full and prompt:
“Ladies and gentlemen of the Jury, you are instructed to disregard the answer of this witness insofar as he referred to an arrest of the Defendant. The Court will advise you that an arrest is not a conviction of any offense. That part of his answer you will disregard and not take into consideration in your deliberations in this case. The State may proceed.”
We hold that the error was harmless, See Warren v. State, Fla.1972, 270 So. 2d 8; see also United States v. Constant, 501 F. 2d 1284 (5th Cir., 1974).
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Citator
Cited By
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Williams v. State, 438 So. 2d 152 (Fla. 3d DCA 1983)…rative instruction to jury); Sykes v. State, 329 So. 2d 356 (Fla. 1st DCA 1976) (court properly denied mistrial after instructing jury to disregard statement by officer that he had seen the defendant in jail on several occasions); Williams v. State, 327 So. 2d 798 (Fla.3d DCA 1976) (jury instruction to disregard statement of police officer that he first came in contact with defendant when he arrested him on a bench warrant rendered error harmless); Rhome v. State, 222 So. 2d 431 (Fla.3d DCA 1969) (instruction…
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Riley v. State, 367 So. 2d 1091 (Fla. 3d DCA 1979)…e testimony of an arresting officer to the several charges upon which the defendant was arrested was harmless error, in view of the curative instruction given by the court. It was not error to deny defendant’s motion for mistrial. Williams v. State, 327 So. 2d 798 (Fla. 3d DCA 1976); Warren v. State, 270 So. 2d 8 (Fla.1972); Burkhead v. State, 206 So. 2d 690 (Fla. 3d DCA 1968); Perry v. State, 146 Fla. 187, 200 So. 525, 527 (1941). On authority of State v. Abreau, 363 So. 2d 1063 (Fla.1978), we hold the cour…
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Monnit Louis v. State, 567 So. 2d 38 (Fla. 3d DCA 1990)…nt complains were error, the error was harmless in view of the explicit curative instruction given by the court and the overwhelming evidence presented against the defendant. See Riley v. State, 367 So. 2d 1091 (Fla. 3d DCA 1979); Williams v. State, 327 So. 2d 798 (Fla. 3d DCA 1976); Frazier v. State, 303 So. 2d 48 (Fla. 3d DCA 1974). Affirmed.…
Authorities Cited
- United States v. Constant, 501 F.2d 1284 (5th Cir. 1974)
- Warren v. State, 270 So. 2d 8 (Fla. 1972)