Fann v. State

District Court of Appeal of Florida

Fann v. State

453 So. 2d 230, 9 Fla. L. Weekly 1687, 1984 Fla. App. LEXIS 14006

CourtDistrict Court of Appeal of Florida

DecidedAugust 1, 1984

DocketNo. 83-1564

StatusPublished

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This text of 453 So. 2d 230 (Fann v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fann v. State, 453 So. 2d 230, 9 Fla. L. Weekly 1687, 1984 Fla. App. LEXIS 14006 (Fla. Ct. App. 1984).

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Opinion

HERSEY, Judge.

We affirm. The transactions sought to be severed were clearly and directly connected in an episodic sense. Williams v. State, 409 So.2d 253 (Fla. 4th DCA) pet. for review denied, 417 So.2d 331 (Fla.1982). The untested packets alleged to contain contraband were relevant under Section 90.402, Florida Statutes (1983), and admissible. Asmer v. State, 416 So.2d 485 (Fla. 4th DCA 1982). Comments by the prosecutor during closing argument either were cured by cautionary instruction, Perry v. State, 146 Fla. 187, 200 So. 525 (Fla.1941), were waived by failure to move for mistrial, Clark v. State, 363 So.2d 331 (Fla.1978), or were harmless, State v. Murray, 443 So.2d 955 (Fla.1984).

LETTS and HURLEY, JJ., concur.

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HERSEY, Judge.

We affirm. The transactions sought to be severed were clearly and directly connected in an episodic sense. Williams v. State, 409 So.2d 253 (Fla. 4th DCA) pet. for review denied, 417 So.2d 331 (Fla.1982). The untested packets alleged to contain contraband were relevant under Section 90.402, Florida Statutes (1983), and admissible. Asmer v. State, 416 So.2d 485 (Fla. 4th DCA 1982). Comments by the prosecutor during closing argument either were cured by cautionary instruction, Perry v. State, 146 Fla. 187, 200 So. 525 (Fla.1941), were waived by failure to move for mistrial, Clark v. State, 363 So.2d 331 (Fla.1978), or were harmless, State v. Murray, 443 So.2d 955 (Fla.1984).

LETTS and HURLEY, JJ., concur.

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453 So. 2d 230, 9 Fla. L. Weekly 1687, 1984 Fla. App. LEXIS 14006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fann-v-state-fladistctapp-1984.

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