History
  • No items yet
midpage
Peterson v. State
293 So. 2d 762
Fla. Dist. Ct. App.
1974
Check Treatment
PER CURIAM.

Appellant complains of the prosecutor’s closing argument reference to having had his photograph identified from a “mug book.” Such a statement constituted error, but considering this record we believe it to be harmless. See Loftin v. State, Fla. 1973, 273 So.2d 70; Anderson v. State, Fla.App.2d, 1970, 230 So.2d 704.

In the course of the cross-examination of one of the police officers and without any fault on the part of the State, it was shown that appellant had been previously arrested. Therefore, even if it be said that *763the comment could have influenced the jurors to believe that appellant had a prior arrest record, they already knew this.

Moreover, no obj ection was made, and the matter only came to light when the court chastised the prosecutor for having made the statement. At that point, pursuant to the request of appellant’s counsel, the court properly admonished the jury to disregard the comment.

The record clearly supports the jury’s finding of guilt. The remaining points raised by appellant are without merit. The judgment is affirmed.

McNULTY, Acting C. J., GRIMES, J., and PATTON, ROBERT W., Associate Judge, concur.

Case Details

Case Name: Peterson v. State
Court Name: District Court of Appeal of Florida
Date Published: Apr 24, 1974
Citation: 293 So. 2d 762
Docket Number: No. 73-610
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.