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Spike v. State

Florida Court of Appeals, Second District

July 27, 2018

TYEE MARTELE SPIKE, Appellant,
v.
STATE OF FLORIDA, Appellee.

         NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

          Appeal from the Circuit Court for Hillsborough County; Kimberly K. Fernandez, Judge.

          Howard L. Dimmig, II, Public Defender, Brian Lydic, Special Assistant Public Defender and Lisa Lott, Public Defender, Bartow, for Appellant.

          Pamela Jo Bondi, Attorney General, Tallahassee, and Peter Koclanes, Assistant Attorney General, Tampa, for Appellee.

          BADALAMENTI, Judge.

         Tyee 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 harmless.

         The 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:[1]

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 locate him.
Q: And were you able to locate him?
A: I was.
Q: Where were you able to locate him in relation to the house?
A: It was about three blocks to the south on 15th Avenue.
Q: When you located him, what did you do?
A: Another unit came by and they transported him back to the ...

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