District Court of Appeal of Florida

A conviction for second degree murder is reversed and remanded for new trial due to prosecutorial misconduct where a prosecutor's question while cross-examining defendant was fairly susceptible of being interpreted by the jury as a comment on defendant's right to remain silent, there was a reasonable possibility that the error affected the verdict, and the error was not waived.

Appellate Information

• Decided 05/24/2006
• Published 05/24/2006

Judges

• BAILEY, JENNIFER D., Associate Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• R. Wayne Richter of Perlet & Shiner, P.A., West Palm Beach, for appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.