RONNIE WOULARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1976-11-26
No. 76-79
CROSS, J., and COBB, WARREN, Associate Judge, concur.
340 So. 2d 945 Florida District Court of Appeal, Fourth District (1976) Positive Treatment
Cited by 15 cases
Topics
Privilege Against Self-Incrimination Miranda Warnings Fifth Amendment

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Opinion of the Court
SMITH, ROBERT P., Jr., Associate Judge.

SMITH, ROBERT P., Jr., Associate Judge.

During examination of one of the arresting officers in the State’s case in chief, the prosecutor elicited the testimony that, after being suitably cautioned as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), appellant was asked by the officer,where he had obtained the envelope containing heroin which was taken from him by a search. The officer testified:

“He wouldn’t say.

“Q. Did he say anything at all?

“A. Not at that time, no sir.”

The prosecutor’s examination constituted fundamental error prejudicing appellant’s Fifth Amendment rights. United States v. Hale, 422 U.S. 171, 95 S.Ct. 2133, 45 L.Ed.2d 99 (1975); Bennett v. State, 316 So. 2d 41 (Fla.1975); Jones v. State, 200 So. 2d 574 (Fla.3d DCA 1967).

REVERSED AND REMANDED for a new trial.

CROSS, J., and COBB, WARREN, Associate Judge, concur.

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  • Porter v. State, 356 So. 2d 1268 (Fla. 3d DCA 1978)
    …rehearing pending); Royal v. State, 347 So. 2d 742 (Fla. 4th DCA 1977); Davis v. State, 342 So. 2d 987 (Fla. 3d DCA 1977); Sylvester v. State, 341 So. 2d 203 (Fla. 4th DCA 1977); Spann v. State, 340 So. 2d 1215 (Fla. 4th DCA 1977); Woulard v. State, 340 So. 2d 945 (Fla. 4th DCA 1976); Collins v. State, 340 So. 2d 516 (Fla. 4th DCA 1976); Carter v. State, 335 So. 2d 875 (Fla. 4th DCA 1976); Williams v. State, 335 So. 2d 854 (Fla. 4th DCA 1976); Martin v. State, 334 So. 2d 841 (Fla. 4th DCA 1976); Bostic v. Sta…
  • Dorset House Ass'n, Inc. v. Dorset, Inc., 371 So. 2d 541 (Fla. 3d DCA 1979)
    …ll assessments coming due while he is the owner of a unit.” See Margate Village Condominium Assoc. Inc. v. Wilfred, Inc., 350 So. 2d 16 (Fla. 4th DCA 1977); Century 21 Commodore Plaza, Inc. v. Commodore Plaza at Century 21 Condominium Assoc., Inc., 340 So. 2d 945 (Fla. 3d DCA 1977), cert. denied, 354 So. 2d 979 (Fla.1978). In my view, the contractual exemption is invalid and unenforceable as in conflict with this legislative enactment. Local No. 234 v. Henley & Beckwith, Inc., 66 So. 2d 818 (Fla.1953). There…

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