FARESE v. STATE

No. X-71.

328 So.2d 548 (1976)

Vincent FARESE, a/K/a Vincent Somma, Appellant (Defendant), v. STATE of Florida, Appellee (State).

District Court of Appeal of Florida, First District.

March 23, 1976.


Attorney(s) appearing for the Case

James L. Harrison of Harrison & Finegold, Jacksonville, for appellant.

Robert L. Shevin, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., for appellee.


MILLS, Judge.

Defendant was charged with aggravated assault and convicted by a jury as charged. He appeals from the judgment of conviction and sentence to the state prison.

The issue which is determinative here is whether the trial court erred in refusing to declare a mistrial where the State adduced testimony that after defendant was arrested and given his constitutional rights, he remained silent.

During the State's direct examination of the arresting...

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