ASH v. STATE

No. 1D07-4853.

995 So.2d 1158 (2008)

Scottie B. ASH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 5, 2008.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Alice B. Copek, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.


ALLEN, J.

The appellant in this direct criminal appeal challenges his conviction, arguing that the arresting officer's trial testimony included a constitutionally impermissible comment upon the appellant's pretrial exercise of his right to remain silent and that the trial court therefore abused its discretion in denying the appellant's timely motion for a mistrial. We reverse the appellant's conviction because the comment related to the appellant's silence at the...

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