Florida District Courts of Appeal, 1981

Jordan v. State

Jordan v. State
Florida District Courts of Appeal · Decided June 23, 1981 · Hendry, Nesbitt, Schwartz
400 So. 2d 174; 1981 Fla. App. LEXIS 20320 (Southern Reporter, Second Series)

Jordan v. State

Opinion of the Court

PER CURIAM.

Appellant’s conviction for theft is reversed on the basis of error resulting from the prosecutor’s impermissible comment on the accused’s right to remain silent, which error was adequately preserved for appeal by objection and a motion for mistrial. Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976); Clark v. State, 363 So.2d 331 (Fla. 1978); Willinsky v. State, 360 So.2d 760 (Fla. 1978); Shannon v. State, 335 So.2d 5 (Fla. 1976); Bennett v. State, 316 So.2d 41 (Fla. 1975); Marshall v. State, 393 So.2d 584 (Fla. 1st DCA 1981); Barnes v. State, 375 So.2d 40 (Fla. 3d DCA 1979).

Reversed and remanded for new trial.

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