MIELE v. STATE

No. 2D02-5725.

875 So.2d 812 (2004)

Anthony MIELE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 2, 2004.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Raymond Dix, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.


STRINGER, Judge.

Anthony Miele seeks review of the judgment and sentence entered after a jury found him guilty of burglary of a dwelling. We reverse for a new trial because the State impermissibly commented on Miele's failure to present evidence to refute an element of the charged crime. We affirm without comment the other issues raised by Miele on appeal.

The charges in this case arose when Renee Elder returned from work and found that someone had taken a...

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