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Chester v. State

District Court of Appeal of Florida, First District
Feb 29, 1984
444 So. 2d 1051 (Fla. Dist. Ct. App. 1984)

Opinion

No. AK-332.

January 20, 1984. Rehearing Denied February 29, 1984.

Appeal from the Circuit Court, Hamilton County, Royce Agner, J.

Philip Carlton, Jr., of Carlton Carlton, Miami, for appellant.

Jim Smith, Atty. Gen., and Gregory C. Smith, Asst. Atty. Gen., for appellee.


It is conceded that a comment upon the accused's exercise of his right to remain silent was made during the course of the trial. The appellee contends, however, that the remark was harmless. It is settled doctrine in this State that the error of which appellant complains warrants reversal without consideration of the doctrine of harmless error. Bennett v. State, 316 So.2d 41 (Fla. 1975); Shannon v. State, 335 So.2d 5 (Fla. 1976). See also, Willinsky v. State, 360 So.2d 760 (Fla. 1978); Clark v. State, 363 So.2d 331 (Fla. 1978). In light of the foregoing authorities, we decline to certify to the Florida Supreme Court for reconsideration, as requested by the State, the issue of the preclusion of the harmless error doctrine to comments upon the accused's exercise of his right to remain silent. Accordingly, the judgment of conviction and sentence is reversed and the cause remanded for new trial.

In view of the dispositive nature of this issue, the remaining points on appeal are not addressed.

BOOTH, WENTWORTH and THOMPSON, JJ., concur.


Summaries of

Chester v. State

District Court of Appeal of Florida, First District
Feb 29, 1984
444 So. 2d 1051 (Fla. Dist. Ct. App. 1984)
Case details for

Chester v. State

Case Details

Full title:MICHAEL FRANK CHESTER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Feb 29, 1984

Citations

444 So. 2d 1051 (Fla. Dist. Ct. App. 1984)