PETERSON v. STATE

No. 80-398.

405 So.2d 997 (1981)

Marshall PETERSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 25, 1981.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Michael Zelman, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, NESBITT and BASKIN, JJ.


SCHWARTZ, Judge.

Peterson appeals from his conviction of attempted burglary. We reverse for a new trial because improper references were made before the jury to the defendant's invocation of his Miranda rights to terminate and to refuse at any time to respond to custodial interrogation.

The defendant was apprehended at 12:30 in the morning inside a building which had been broken into. He was wearing gloves. The arresting officer testified that after...

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