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Brown v. State

Florida Court of Appeal, Fifth District

December 23, 2011

James BROWN, Appellant,
v.
STATE of Florida, Appellee.

Appeal from the Circuit Court for Lake County, Mark A. Nacke, Judge.

James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See Escobedo v. State, 561 So.2d 429, 430 (Fla. 3d DCA 1990) (" Whatever the merits of the claim, it cannot now be considered because, when the

Page 1075

trial judge explicitly offered the defendant a mistrial on this ground below, defense counsel just as specifically withdrew the motion. It is therefore plain that the identical contention may not now be resurrected as a basis for ...


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