Florida District Courts of Appeal, 1983

Mitchell v. State

Mitchell v. State
Florida District Courts of Appeal · Decided June 22, 1983 · Dell, Hersey, Hurley
433 So. 2d 68 (Southern Reporter, Second Series)

Mitchell v. State

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.