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FORD v. STATE

No. 82-726.

431 So.2d 349 (1983)

Donald Edward FORD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 19, 1983.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Curley R. Doltie, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

FOXMAN, Associate Judge.

The following dialogue took place at trial:

Question: (by State Attorney): Did the Defendant respond to your questions when you read the exhibit [Miranda rights card]. Answer (by Officer Hardway): He stated he had nothing to say.

Defense counsel immediately moved for mistrial. The question and response are improper and require reversal. See Miranda v. Arizona, 384 U.S. 436<...

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