Lewis Joseph Hawthorne v. the State of Florida

District Court of Appeal of Florida·Decided June 4, 2025·No. 3D2023-2286·Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 4, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-2286 Lower Tribunal No. F23-14286 ________________

Lewis Joseph Hawthorne, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Richard Hersch, Judge.

Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.

James Uthmeier, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Before LOGUE, C.J., and LOBREE and BOKOR, JJ.

PER CURIAM. Affirmed. See Talley v. State, 260 So. 3d 562, 571-72 (Fla. 3d DCA

2019) (“Generally speaking, the use of a curative instruction to dispel the

prejudicial effect of an objectionable comment is sufficient.” (citing Jennings

v. State, 124 So. 3d 257, 266 (Fla. 3d DCA 2013))).

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Related

Talley v. State
260 So. 3d 562 (District Court of Appeal of Florida, 2019)
Jennings v. State
124 So. 3d 257 (District Court of Appeal of Florida, 2013)