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Rojas v. State

District Court of Appeal of Florida, Third District
Apr 13, 1982
412 So. 2d 71 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-2571.

April 13, 1982.

Appeal from the Circuit Court, Monroe County, Bill G. Chappell, J.

Paul Morris and Stephen H. Rosen, Miami, for appellant.

Jim Smith, Atty. Gen. and Diane Zimmer Leeds, Asst. Atty. Gen., for appellee.

Before HENDRY, DANIEL S. PEARSON and FERGUSON, JJ.


Adhering to this state's unequivocal rules that any reference before the jury to the defendant's declination to answer police questioning after being given Miranda warnings is constitutionally impermissible, see, e.g., Bennett v. State, 316 So.2d 41 (Fla. 1975); Peterson v. State, 405 So.2d 997 (Fla. 3d DCA 1981); Barnes v. State, 375 So.2d 40 (Fla. 3d DCA 1979); and that a timely motion for mistrial directed to the reference is all that is required to make the error of the reference reversible without regard to consideration of its harm to the defendant when measured against the other evidence in the case, see, e.g., Clark v. State, 363 So.2d 331 (Fla. 1978); Willinsky v. State, 360 So.2d 760 (Fla. 1978); Shannon v. State, 335 So.2d 5 (Fla. 1976); Bennett v. State, supra; Peterson v. State, supra (and cases collected therein); we reverse the defendant's conviction and remand the cause for a new trial.

Reversed and remanded.


Summaries of

Rojas v. State

District Court of Appeal of Florida, Third District
Apr 13, 1982
412 So. 2d 71 (Fla. Dist. Ct. App. 1982)
Case details for

Rojas v. State

Case Details

Full title:RAFAEL ROJAS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 13, 1982

Citations

412 So. 2d 71 (Fla. Dist. Ct. App. 1982)

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