Felder v. State

District Court of Appeal of Florida

Felder v. State

496 So. 2d 215, 11 Fla. L. Weekly 2227, 1986 Fla. App. LEXIS 10217

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 1986

DocketNo. BH-44

StatusPublished

Cited by1 cases

This text of 496 So. 2d 215 (Felder 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.

Bluebook

Felder v. State, 496 So. 2d 215, 11 Fla. L. Weekly 2227, 1986 Fla. App. LEXIS 10217 (Fla. Ct. App. 1986).

Pincite

Opinion

BARFIELD, Judge.

William Lester Felder appeals his convictions and sentences for armed robbery, use of a firearm during commission of a felony and possession of a firearm by a convicted felon.

The trial court erred in giving an instruction on flight, and the prosecutor’s question to defendant on his failure to disclose an alibi to the investigator during interrogation in derogation of his right to remain silent was improper. Because these matters improperly involved the defendant’s character and conduct, their effect was so pervasive that a new trial must be held on all charges.

It is not necessary for us to address the remaining issue since the defendant can bring the question of severance to the trial court before the new trial.

The case is REVERSED and REMANDED to the trial court for a new trial.

ERVIN and WIGGINTON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI