White v. State

District Court of Appeal of Florida

White v. State

430 So. 2d 977, 1983 Fla. App. LEXIS 22441

CourtDistrict Court of Appeal of Florida

DecidedMay 10, 1983

DocketNo. 82-886

StatusPublished

This text of 430 So. 2d 977 (White 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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White v. State, 430 So. 2d 977, 1983 Fla. App. LEXIS 22441 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

We reverse the conviction and sentence of Michael White and remand for a new trial because it is apparent from the record [978]*978that the defendant’s assertion of his fifth amendment right, declining to answer police questions notwithstanding a gratuitous pre-arrest Miranda warning, was improperly placed before the jury. See Simpson v. State, 418 So.2d 984 (Fla.1982); Clark v. State, 363 So.2d 331 (Fla.1978); Turner v. State, 414 So.2d 1161 (Fla. 3d DCA 1982); Rojas v. State, 412 So.2d 71 (Fla. 3d DCA 1982).

Reversed and remanded.

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PER CURIAM.

We reverse the conviction and sentence of Michael White and remand for a new trial because it is apparent from the record [978]*978that the defendant’s assertion of his fifth amendment right, declining to answer police questions notwithstanding a gratuitous pre-arrest Miranda warning, was improperly placed before the jury. See Simpson v. State, 418 So.2d 984 (Fla.1982); Clark v. State, 363 So.2d 331 (Fla.1978); Turner v. State, 414 So.2d 1161 (Fla. 3d DCA 1982); Rojas v. State, 412 So.2d 71 (Fla. 3d DCA 1982).

Reversed and remanded.

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430 So. 2d 977, 1983 Fla. App. LEXIS 22441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-state-fladistctapp-1983.

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