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SPANN v. STATE

Nos. 75-1648, 75-1741.

340 So.2d 1215 (1977)

John SPANN, Appellant, v. STATE of Florida, Appellee. James BURKS, Appellant, v. State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 18, 1977.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Daniel T. O'Connell, Asst. Public Defender, West Palm Beach, for appellants.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.

DOWNEY, Judge.

During the course of appellants' trial the arresting officer testified that appellant Spann gave an incriminating statement after receiving Miranda warnings. He also testified that appellant Burks remained silent. No objection was made. However, the Supreme Court has held such testimony constitutes fundamental error of constitutional dimension. Bennett v. State, 316 So.2d 41 (Fla. 1975). See also Jones v...

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