FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Hillsborough County; Kimberly K.
L. Dimmig, II, Public Defender, Brian Lydic, Special
Assistant Public Defender and Lisa Lott, Public Defender,
Bartow, for Appellant.
Jo Bondi, Attorney General, Tallahassee, and Peter Koclanes,
Assistant Attorney General, Tampa, for Appellee.
Martele Spike appeals his jury convictions and sentences for
trafficking in oxycodone; possession of cocaine with intent
to sell or deliver within 1000 feet of a school; possession
of marijuana with intent to sell, manufacture, or deliver
within 1000 feet of a school; and possession of drug
paraphernalia. Spike argues that the trial court abused its
discretion in denying his motions for mistrial based on a
police detective's testimony that after working for
twelve or thirteen years in the area where Spike resided and
was arrested, he was familiar with the area in general and
knew Spike and "a lot of residents" in that area.
We affirm Spike's convictions, concluding beyond a
reasonable doubt that the detective's testimony did not
affect the jury's verdict and thus any error was
drug charges against Spike arose after police searched his
home pursuant to a valid search warrant. Spike was not at
home during the search, but police located him and brought
him back to the residence. The State asked a detective, a
member of the search warrant team assigned to secure the
perimeter of the residence during the search, the following
questions on direct examination:
Q: Was the defendant located inside of that house at that
point in time?
A: No, he was not.
Q: What happened after that?
A: I decided to look around in that I knew him. I
decided to look around the neighborhood and see if I could
Q: And were you able to locate him?
A: I was.
Q: Where were you able to locate him in relation to the
A: It was about three blocks to the south on 15th
Q: When you located him, what did you do?
A: Another unit came by and they transported him back to the