Florida District Courts of Appeal, 1997

Burris v. State

Florida District Courts of Appeal · Decided September 10, 1997 · Glickstein, Klein, Shahood

698 So. 2d 933; 1997 Fla. App. LEXIS 10272; 1997 WL 559432 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Paston v. WIGGS CONTRACTING (Fla. Dist. Ct. App. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This case reflects judicial and prosecutorial errors which compel reversal.

The trial court did not comply with Coney v. State, 653 So.2d 1009 (Fla.), cert. denied, — U.S. -, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995), although the trial occurred in April 1996. It failed to instruct the jury properly, although there was a timely request and objection.1 The prosecutor repeatedly commented on appellant’s right to remain silent.

Accordingly, we reverse and remand for new trial.

GLICKSTEIN, KLEIN and SHAHOOD, JJ., concur.

. The point raised by appellant on the sentencing error, although no longer relevant, is not persuasive. See Myers v. State, 696 So.2d 893 (4th DCA 1997).

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