Jones v. State

Florida District Courts of Appeal
Jones v. State, 434 So. 2d 337 (1983)
1983 Fla. App. LEXIS 20916
Bitt, Hendry, Hubbart, Nes

Jones v. State

Opinion of the Court

PER CURIAM.

This is an appeal from a criminal conviction and sentence for second degree grand theft. The defendant Jenny Jones contends that the trial court committed reversible error in denying her contemporaneous motion for a mistrial when the state elicited from a witness in the jury’s presence that the defendant Jones remained silent after she was apprehended by a retail store detective for shoplifting pursuant to Section 812.015(3)(a), Florida Statutes (1981) and accused of shoplifting by the said detective. We entirely agree, and, therefore, reverse and remand for a new trial, based on the authorities and reasoning contained in Judge Rawls’ dissent in Williams v. State, 347 So.2d 472, 473-74 (Fla. 1st DCA 1977), cert. discharged, 376 So.2d 846 (Fla. 1979). We also rely on the subsequent authority of Clark v. State, 363 So.2d 331, 334 (Fla. 1978); Lee v. State, 422 So.2d 928, 930-31 (Fla. 3d DCA 1982); and Brownlee v. State, 361 So.2d 724, 725 (Fla. 4th DCA 1978), which fully support Judge Rawl’s analysis herein. In so doing, we certify, pursuant to Article *338V, Section 3(b)(4) of the Florida Constitution, that' our decision herein is in direct conflict with the majority opinion in the above-stated Williams case.

We find no merit in the defendant’s remaining point on appeal. Thompson v. State, 249 So.2d 51 (Fla. 3d DCA 1971); § 812.015(1)(c), Fla.Stat. (1981).

Reversed and remanded for a new trial.

Reference

Full Case Name
Jenny JONES v. The STATE of Florida
Cited By
2 cases
Status
Published