Burris v. State

District Court of Appeal of Florida

Burris v. State

698 So. 2d 933, 1997 Fla. App. LEXIS 10272, 1997 WL 559432

CourtDistrict Court of Appeal of Florida

DecidedSeptember 10, 1997

DocketNo. 96-2141

StatusPublished

Cited by1 cases

This text of 698 So. 2d 933 (Burris v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Burris v. State, 698 So. 2d 933, 1997 Fla. App. LEXIS 10272, 1997 WL 559432 (Fla. Ct. App. 1997).

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Opinion

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.

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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.

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698 So. 2d 933, 1997 Fla. App. LEXIS 10272, 1997 WL 559432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burris-v-state-fladistctapp-1997.

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