T.E., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a police officer's comment on a juvenile's right to remain silent violated the privilege against self-incrimination and constituted reversible error.
A juvenile, T.E., was adjudicated delinquent for trespass to a conveyance. During the proceedings, a police officer commented on T.E.'s silence.…
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PER CURIAM.
Appellant, T.E., a juvenile, appeals an adjudication of delinquency for trespass to a conveyance. We reverse.
The state correctly concedes that the trial court erred in permitting a police officer to comment on T.E.’s right to remain silent where the comment violated his privilege against self-incrimination. See Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965); State v. Boatman, 329 So. 2d 309 (Fla.1976); J.D. v. State, 553 So. 2d 1317 (Fla. 3d DCA 1989). The trier-of-fact’s consideration of the improper comment on silence is reversible error unless the state proves beyond a reasonable doubt that this constitutional error did not contribute to the finding of guilt. State v. DiGuilio, 491 So. 2d 1129 (Fla.1986). Because the evidence presented by the state was far less than conclusive, the comment on T.E.’s silence was not harmless and therefore requires reversal. See DiGuilio, 491 So. 2d at 1138.
Accordingly, we reverse T.E.’s adjudication for trespass to a conveyance. See J.E.P. v. State, 561 So. 2d 10 (Fla. 3d DCA 1990); C.B. v. State, 519 So. 2d 686 (Fla. 3d DCA 1988); S.P.L. v. State, 512 So. 2d 1153 (Fla. 1st DCA 1987).
Reversed.
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Citator
Cited By
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Petion v. State, 48 So. 3d 726 (Fla. 2010)…be “nothing more than one which requires this court’s subjective interpretation of what the trial judge did or did not consider, inasmuch as the record presented for review is silent on this point.” J.D., 553 So. 2d at 1319; see also T.E. v. State, 643 So. 2d 122, 122 (Fla. 3d DCA 1994) (relying on J.D. as authority for its holding that the trial court’s improper consideration of a comment on the juvenile’s right to remain silent was “reversible error unless the state proves beyond a reasonable doubt that th…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Griffin v. California, 380 U.S. 609 (U.S. 1965)
- State v. Gaylon E. Boatman, 329 So. 2d 309 (Fla. 1976)
- In the Interest of S.P.L. v. State, 512 So. 2d 1153 (Fla. 1st DCA 1987)
- J.D. v. State, 553 So. 2d 1317 (Fla. 3d DCA 1989)
- Smith v. Fla. Parole & Prob. Comm'n, 519 So. 2d 686 (Fla. 1st DCA 1988)
- C.B. v. State, 519 So. 2d 686 (Fla. 3d DCA 1988)
- CAN AM Inv. Realty, Inc. v. A.F. "Jerry" Egan, 561 So. 2d 10 (Fla. 3d DCA 1990)