White v. State

430 So. 2d 977, 1983 Fla. App. LEXIS 22441
District Court of Appeal of Florida·Decided May 10, 1983·No. No. 82-886·Published

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] that 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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White v. State, 430 So. 2d 977, 1983 Fla. App. LEXIS 22441 (Fla. Ct. App. 1983).

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Related

Clark v. State
363 So. 2d 331 (Supreme Court of Florida, 1978)
Rojas v. State
412 So. 2d 71 (District Court of Appeal of Florida, 1982)
Simpson v. State
418 So. 2d 984 (Supreme Court of Florida, 1982)
Turner v. State
414 So. 2d 1161 (District Court of Appeal of Florida, 1982)