MUNROE v. STATE

No. 4D07-1681.

983 So.2d 637 (2008)

Joyce MUNROE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 14, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, J.

Joyce Munroe appeals her conviction and sentence for trafficking in over 400 grams of cocaine. We have reviewed the issues raised on appeal and write to address the prosecutor's comments regarding Munroe's failure to make an exculpatory statement when the police found cocaine in her bag. We conclude that those comments amount to unconstitutional comments upon her post-arrest silence; we therefore reverse and remand for a new trial.

On April 5...

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