KEARSE v. STATE

No. AY-216.

464 So.2d 202 (1985)

James B. KEARSE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 25, 1985.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Michael J. Minerva, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, for appellee.


SHIVERS, Judge.

Kearse appeals judgment and sentence for unarmed robbery. We reverse and remand for a new trial. At issue are (1) whether the information was defective for failure to allege intent to permanently deprive the owner of her property, and whether the motion to dismiss for such failure was timely filed, (2) whether appellant's motion for mistrial should have been granted after the arresting officer commented on appellant's silence at his arrest and (3)...

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