STOKES V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003 ANTHONY STOKES, ** Appellant, ** vs. ** CASE NO. 3D03-974 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 01-24781 Appellee. ** Opinion filed May 12, 2004. An Appeal from the Circuit Court for Dade County, Bertila Soto, Judge. Bennett H. Brummer, Public Defender and Manuel Alvarez, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General and Fredericka Sands, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and SHEVIN and WELLS, JJ. PER CURIAM. Affirmed. See Smithers v. State, 826 So. 2d 916, 930 (Fla. 2002)( A ruling on a motion for a mistrial is within the sound discretion of the trial court and should be granted only when it is necessary to ensure that the defendant receives a fair trial. Gore v. State, 784 So. 2d 418, 427 (Fla. 2001). ), cert. denied, 537 U.S. 1203, 123 S.Ct. 1275, 154 L.Ed.2d 1045 (2003).

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