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ULVANO v. STATE

No. 82-1157.

492 So.2d 470 (1986)

Louis Vince ULVANO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 12, 1986.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Nancy C. Wear, Asst. Atty. Gen., for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.

PER CURIAM.

The conviction and sentence from which the defendant appeals is reversed upon a holding that the trial court committed reversible error in denying the defendant's motion for mistrial when the prosecution in cross-examination of the defendant commented upon his post-arrest silence. A prosecutor's comment on a defendant's post-arrest silence is a serious constitutional violation. E.g., David v. State, 369 So.2d 943

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