CONCHA v. STATE

No. 4D07-776.

972 So.2d 996 (2008)

Luis CONCHA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 13, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

Concha was adjudicated guilty of felony driving under influence.

The primary issue on appeal is whether the prosecutor's questioning was fairly susceptible of being interpreted as a comment on Concha's right to remain silent. We conclude that it was, and accordingly reverse.

A police officer stopped Concha for an unrelated violation. The officer then observed Concha with bloodshot, glossed over eyes, and smelled alcohol on Concha. Concha...

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