RODRIGUEZ v. STATE

No. 92-2630.

619 So.2d 1031 (1993)

Eusebio RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 8, 1993.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before BASKIN, COPE and GERSTEN, JJ.


PER CURIAM.

Appellant, Eusebio Rodriguez (Rodriguez), appeals from his conviction of attempted second degree murder with a firearm. We affirm.

This case concerns whether using a defendant's pre-arrest silence to impeach his credibility violates a defendant's Fifth Amendment rights.

The facts are brief. After an argument with his wife, Rodriguez went to a closet and brought out a gun. Although Rodriguez initially aimed the gun at his wife's chest, the...

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