SANTANA v. STATE

No. 88-1909.

548 So.2d 293 (1989)

Asuncion SANTANA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 6, 1989.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Phyllis Malinski, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellee.


WARNER, Judge.

Appellant, Santana, was charged with attempted second degree murder and with resisting an officer without violence. A jury found the appellant guilty of both charges. He appeals his conviction which we reverse on the ground that the trial court erred in admitting evidence of the appellant's post-arrest silence.

The victim of the attempted murder testified at trial that appellant had stabbed her in the back as she was going to buy a soda. The...

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