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377 So. 2d 255

Williams v. State

District Court of Appeal of Florida

Decided December 5, 1979

District Court of Appeal of Florida · decided 1979-12-05

Cited by 4 later decisions — most recently March 1993

4 state decisions

Relies on Blakeney v. Dee

Good law ✅— No negative treatment on recordhow we know

Decided 1979-12-05

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PER CURIAM.

¶1Samuel Williams was convicted of burglary and grand theft. Williams appeals contending that the trial judge erred when he refused to grant Williams a mistrial following improper comment before the jury on Williams’ exercise of his right to remain silent. We agree and reverse. Although neither comment in question appears to have been elicited by the prosecuting attorney, both comments were nonetheless made in the presence of the jury. Williams made a timely motion for mistrial in each instance, and the trial judge erred in denying those motions. Clark v. State, 363 So.2d 311 (Fla.1978).

¶2Reversed and remanded for a new trial.

SCHEB, Acting C. J., DANAHY, J., and RAWLINS, ROBERT W., Jr., Associate Judge, concur.
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