MITCHELL v. STATE

No. 4D04-2585.

911 So.2d 1278 (2005)

Tommy MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 5, 2005.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was convicted of possession of cocaine with intent to sell. We reverse for a new trial because the state impermissibly commented on his right to remain silent after being arrested.

After three police officers observed appellant engaging in hand to hand transactions with passengers in cars, they stopped in front of the house where this activity was occurring. Appellant then ran to the rear of the property, but other officers were located...

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