DiGUILIO v. STATE

No. 82-1235.

451 So.2d 487 (1984)

Angelo John DiGuilio, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 14, 1984.


Attorney(s) appearing for the Case

John W. Tanner of Tanner, Lambert, & Miller, Daytona Beach, for appellant.

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


ORFINGER, Chief Judge.

Defendant Angelo John DiGuilio appeals his judgment and sentence for conspiracy to traffic in cocaine, a second degree felony, following a jury trial. We reverse for a new trial because we conclude that the trial court erred in denying defendant's motion for mistrial after the prosecutor elicited from a witness testimony concerning defendant's exercise of his right to remain silent.

We will not burden this opinion with a lengthy recitation...

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