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BOYETTE v. STATE

No. 90-1572.

585 So.2d 1115 (1991)

Gerald BOYETTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 12, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

GOSHORN, Chief Justice.

The single issue on appeal is the appellant's contention that Assistant State Attorney Jeffery L. Ashton violated his constitutional right to remain silent.1 We agree and reverse.

This case began when a driving encounter between the appellant and David Indiveri resulted in gunfire. After the incident Indiveri called 911 from his cellular phone and trailed appellant to his place of employment. Indiveri waited...

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