SCOTT v. STATE

No. 78-259/T4-55.

388 So.2d 243 (1980)

Eddie James SCOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 16, 1980.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jon May, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Phillip D. Havens, Asst. Atty. Gen., Daytona Beach, for appellee.


FRANK D. UPCHURCH, Judge.

This is an appeal from a judgment and sentence of the Circuit Court for Orange County involving the offense of receiving stolen property.

Appellant raises as error that the trial court failed to grant appellant's motion for mistrial when the state produced testimony as to appellant's post arrest silence.

We reverse.

On March 23, 1977, appellant was arrested in connection with the theft of an automobile and was advised...

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