MARSHALL v. STATE

No. UU-299.

393 So.2d 584 (1981)

Milton MARSHALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 27, 1981.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and David Gauldin, Asst. Atty. Gen., Tallahassee, for appellee.


ROBERT P. SMITH, Jr., Judge.

We reverse Marshall's conviction for burglary because the State elicited from a police officer testimony that Marshall stood on his Fifth Amendment privilege against self-incrimination and refused to answer the officers' on-scene custodial interrogation. The officer testified:

When the officers that apprehended him handcuffed him and brought him to my car, he was given his Miranda Warnings verbally and he did not want to...

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