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698 So. 2d 933

Burris v. State

District Court of Appeal of Florida

Decided September 10, 1997

District Court of Appeal of Florida · decided 1997-09-10

Relies on Miller v. Gentry · Coney v. State · Myers v. State

Decided 1997-09-10

PER CURIAM.

¶1This case reflects judicial and prosecutorial errors which compel reversal.

¶2The trial court did not comply with Coney v. State, 653 So.2d 1009 (Fla.), cert. denied, — U.S. -, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995), although the trial occurred in April 1996. It failed to instruct the jury properly, although there was a timely request and objection.1 The prosecutor repeatedly commented on appellant’s right to remain silent.

¶3Accordingly, we reverse and remand for new trial.

GLICKSTEIN, KLEIN and SHAHOOD, JJ., concur.

¶4. The point raised by appellant on the sentencing error, although no longer relevant, is not persuasive. See Myers v. State, 696 So.2d 893 (4th DCA 1997).

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