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491 So. 2d 1140

491 So.2d 1140

11 Fla.L.Weekly 358

State v. Smith

Supreme Court of Florida

Decided July 17, 1986

Supreme Court of Florida · decided 1986-07-17

Relies on 491 So. 2d 1129 - State v. DiGuilio · 467 So. 2d 501 - Smith v. State

Decided 1986-07-17

McDONALD, Chief Justice.

¶1The following question has been certified as being of great public importance:

May the harmless error rule be applied in a case involving an impermissible comment on the defendant’s right to remain silent?

¶2Smith v. State, 467 So.2d 501, 501 (Fla. 4th DCA 1985). We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. In State v. DiGuilio, 491 So.2d 1129 (Fla.1986), we answered virtually the identical question in the affirmative. We therefore quash the instant decision and remand to the district court for reconsideration in light of DiGuilio.

¶3It is so ordered.

BOYD, OVERTON and SHAW, JJ., concur.ADKINS and EHRLICH, JJ., dissent.
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