Nunez v. State

District Court of Appeal of Florida

Nunez v. State

28 So. 3d 952, 2010 Fla. App. LEXIS 1943, 2010 WL 565275

District Court of Appeal of Florida·Decided February 19, 2010·No. 5D09-834·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm the appellant’s judgment and sentence. The prosecutor’s isolated statement concerning the law, which was arguably a misstatement, followed by the trial court’s proper instructions to the jury with respect to the law does not constitute grounds for reversal. See Lugo v. State, 845 So.2d 74, 108-109 (Fla.), cert. denied, 540 U.S. 920, 124 S.Ct. 320, 157 L.Ed.2d 216 (2003); Cabrera v. State, 490 So.2d 200 (Fla. 3d DCA 1986); see also Fennie v. State, 855 So.2d 597, 609 (Fla.2003), cert. denied, 541 U.S. 975, 124 S.Ct. 1877, 158 L.Ed.2d 471 (2004).

AFFIRMED.

MONACO, C.J., GRIFFIN and PALMER, JJ., concur.

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PER CURIAM.

We affirm the appellant’s judgment and sentence. The prosecutor’s isolated statement concerning the law, which was arguably a misstatement, followed by the trial court’s proper instructions to the jury with respect to the law does not constitute grounds for reversal. See Lugo v. State, 845 So.2d 74, 108-109 (Fla.), cert. denied, 540 U.S. 920, 124 S.Ct. 320, 157 L.Ed.2d 216 (2003); Cabrera v. State, 490 So.2d 200 (Fla. 3d DCA 1986); see also Fennie v. State, 855 So.2d 597, 609 (Fla.2003), cert. denied, 541 U.S. 975, 124 S.Ct. 1877, 158 L.Ed.2d 471 (2004).

AFFIRMED.

MONACO, C.J., GRIFFIN and PALMER, JJ., concur.

Nunez v. State, 28 So. 3d 952, 2010 Fla. App. LEXIS 1943, 2010 WL 565275 (Fla. Ct. App. 2010).

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