TINDALL v. STATE

No. 80-33.

395 So.2d 289 (1981)

James Morgan TINDALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 18, 1981.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Charles D. Peters, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

Appellant, convicted by a jury of grand theft, contends that the trial court erred in overruling his objection to certain testimony and denying his motion for mistrial. We agree and reverse.

A police officer testified for the State that he interviewed appellant shortly after his arrest, and he was asked:

Q: Did you read him his rights? A: Yes, sir. Q: Did he talk to you at all? A: Oh yes, yes. ...

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