Burris v. State

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

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.

Footnotes

1

. 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).