HORWITZ v. STATE

No. 4D13-336.

189 So.3d 800 (2015)

Donna HORWITZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 18, 2015.


Attorney(s) appearing for the Case

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

Pamela Jo Bondi , Attorney General, Tallahassee, and Luke R. Napodano , Assistant Attorney General, West Palm Beach, for appellee.


Appellant, Donna Horwitz, appeals her conviction for first degree murder with a firearm. We reverse and hold that the trial court erred in admitting evidence of appellant's pre-arrest, pre-Miranda silence where appellant did not testify at trial.1 We also certify a question to the Florida Supreme Court...

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