Jordan v. State, 79-1606

• Decision Date: 23 June 1981
• Docket Number: No. 79-1606,79-1606
• Citation: 400 So.2d 174
• Parties: Luther JORDAN, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 174

400 So.2d 174

Luther JORDAN, Appellant, v. The STATE of Florida, Appellee.

No. 79-1606.

District Court of Appeal of Florida, Third District.

June 23, 1981.

Appeal from Circuit Court, Dade County; Natalie Baskin, Judge.

Bennett H. Brummer, Public Defender and Barbara Kelley, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and NESBITT, JJ.

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.