DICKEY v. STATE

No. 1D00-141.

785 So.2d 617 (2001)

Henry L. DICKEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 26, 2001.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; Daniel A. David, Assistant Attorney General, Tallahassee, for appellee.


WOLF, J.

Appellant challenges his convictions for first-degree murder and use of a firearm in the commission of a felony. Appellant raises three issues. We find merit as to one, his contention that the trial court erred in denying defense counsel's motion for mistrial where the prosecutor had improperly commented upon appellant's right to remain silent. We reverse and remand for a new trial.

When the state called Officer Bierbaum to the witness stand, defense...

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