RICKY A. MITCHEM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICKY A. MITCHEM, APPELLANT,
STATE OF FLORIDA, APPELLEE
402 So. 2d 552
Florida District Court of Appeal, First District (1981)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The deputy’s testimony improperly commenting on appellant’s refusal while in custody to answer questions about the offense was objected to and was the subject of a timely mistrial motion. The denial of that motion was error requiring a new trial irrespective of the weight of the other evidence of appellant’s guilt. Marshall v. State, 393 So. 2d 584 (Fla. 1st DCA 1981). For the court’s guidance on retrial, we find also that the court should have charged the jury on attempted robbery as requested in this prosecution for robbery. Brown v. State, 206 So. 2d 377 (Fla.1968).
REVERSED.
ROBERT P. SMITH, Jr., C. J., and JOA-NOS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Orange News & Mission Ins. Co. v. Price, 412 So. 2d 35 (Fla. 1st DCA 1982)…h included disposition of an issue raised by appellants and that was conceded by appellee in her brief to be reversible error. Appellants’ Motion is well taken. In appellee’s previous appearance before this Court, Duval-Bibb Company v. Mary Price, 402 So. 2d 552 (Fla. 1st DCA 1980), we vacated the deputy’s finding that the employer fired appellee in violation of Section 440.205, Florida Statutes (1979) because there was a lack of proper notice as to the violation. Again that issue is raised and again the de…
Authorities Cited
- Brown v. State, 206 So. 2d 377 (Fla. 1968)
- Marshall v. State, 393 So. 2d 584 (Fla. 1st DCA 1981)