RUIZ v. STATE

No. 79-240.

378 So.2d 101 (1979)

Felix RUIZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 28, 1979.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Steven L. Bolotin, Asst. Atty. Gen., for appellee.

Before SCHWARTZ and NESBITT, JJ., and EZELL, BOYCE F., JR. (Ret.), Associate Judge.


SCHWARTZ, Judge.

A jury found Ruiz guilty of attempted burglary and the trial judge sentenced him to ten years in the penitentiary as an habitual offender. We reverse for a new trial because the prosecutor commented to the jury on the defendant's silence at the time of arrest.

The record shows that Ruiz was apprehended immediately after he tried to flee the scene of an attempted house breaking on Miami Beach. At the trial, Ruiz took the stand and testified...

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