Perez v. State

Jose Perez appeals his conviction for possession of cocaine. We affirm.

First, assuming arguendo the prosecutor’s comments during opening statement were improper, the trial court acted within the bounds of sound discretion in giving a curative instruction, rather than ordering a mistrial. Second, in the unusual circumstances of the present case, the trial court had discretion to limit the cross-examination under section 90.403, Florida Statutes (1987). cf. Duncomb v. State, 237 So.2d 86, 87 (Fla. 3d DCA 1970) (“the cross-examination which was presented ... sufficiently placed the jury in a…