WILLIAMS v. STATE

No. 79-1444.

377 So.2d 255 (1979)

Samuel WILLIAMS, a/K/a Samuel Williams Ali, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 5, 1979.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Howard L. Dimmig, II, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Samuel Williams was convicted of burglary and grand theft. Williams appeals contending that the trial judge erred when he refused to grant Williams a mistrial following improper comment before the jury on Williams' exercise of his right to remain silent. We agree and reverse. Although neither comment in question appears to have been elicited by the prosecuting attorney, both comments were nonetheless made in the presence of the jury. Williams made a timely...

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