Preston v. State

BOARDMAN, Chief Judge.

Appellant was sentenced to five years imprisonment for violation of Section 893.13 of the Florida Comprehensive Drug Abuse Prevention and Control Act.

*853It is the contention of appellant that the trial court committed reversible error in refusing to grant a mistrial following the testimony of state’s witness, Detective Ray Emmons of the Clearwater Police Department. The allegedly prejudicial testimony was as follows:

Q I ask you, was Harry V. Preston arrested on the date of this transaction?

A No, he was not.

Q Why was he not?

A Because at this particular point in time, we were…