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CHAMBLIN v. STATE

No. 1D06-6731.

994 So.2d 1165 (2008)

Joshua CHAMBLIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 7, 2008.

Attorney(s) appearing for the Case

David W. Collins of the Law Office of David Collins, Monticello; David J. Finger of the Law Offices of David Finger, Miami, for Appellant.

Bill McCollum, Attorney General, and Terry P. Roberts, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We reverse the defendant's convictions for DUI manslaughter, reckless driving and possession of alcohol by a person under 21 years of age. During trial, the prosecutor improperly commented on the defendant's Fifth Amendment right to remain silent, in violation of both Florida and federal law. The trial court erred by denying the defendant's motion for mistrial on this basis, and we therefore reverse and remand for a new trial.

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