Benjamin Bernard Peoples v. the State of Florida

• Court: District Court of Appeal of Florida
• Decided: May 14, 2025
• Docket: 3D2023-0105
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 14, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0105 Lower Tribunal No. F22-11948 ________________

Benjamin Bernard Peoples, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Lody Jean, Judge.

Carlos J. Martinez, Public Defender, and Maria E. Lauredo, Chief Assistant Public Defender, for appellant.

James Uthmeier, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Before LINDSEY, BOKOR, and GOODEN, JJ.

PER CURIAM. Appellant Benjamin Bernard Peoples appeals his conviction and

sentence. The jury found him guilty of resisting a police officer without

violence, but not guilty of battery on a police officer and depriving an officer

of his means of protection. Peoples asserts that the trial court abused its

discretion by denying his motion for mistrial for comments made by the

prosecutor during closing argument. The comments concerned photographs

taken from an officer’s body camera and introduced by the defense.

“A motion for mistrial should be granted only where necessary to

ensure that the defendant receives a fair trial.” Caraballo v. State, 39 So. 3d

1234, 1249 (Fla. 2010). After having reviewed the entirety of the record and

the context of the closing argument, we conclude that the trial court did not

abuse its discretion by denying Peoples’ motion for mistrial. The comments

were not so prejudicial that it vitiated the entire trial or denied the accused a

fair trial. Thomas v. State, 748 So. 2d 970, 980 (Fla. 1999); Buenoano v.

State, 527 So. 2d 194, 198 (Fla. 1988).

Affirmed.