433 So. 2d 68

Terry MITCHELL, Appellant, v. STATE of Florida, Appellee.

No. 82-2619.

District Court of Appeal of Florida, Fourth District.

June 22, 1983.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

During closing argument, the prosecutor impermissibly commented on the defendant’s exercise of his Fifth Amendment right *69to remain silent. The error was preserved for appellate review and, thus, we reverse. See Donovan v. State, 417 So.2d 674 (Fla. 1982); Clark v. State, 363 So.2d 331 (Fla. 1978); Shannon v. State, 335 So.2d 5 (Fla. 1976); Bennett v. State, 316 So.2d 41 (Fla. 1975).

REVERSED & REMANDED FOR NEW TRIAL.

HERSEY, HURLEY and DELL, JJ., concur.

Mitchell v. State
433 So. 2d 68

Case Details

Name
Mitchell v. State
Decision Date
Jun 22, 1983
Citations

433 So. 2d 68

Jurisdiction
Florida

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