434 So. 2d 337 | Fla. Dist. Ct. App. | 1983
This is an appeal from a criminal conviction and sentence for second degree grand theft. The defendant Jenny Jones contends that the trial court committed reversible error in denying her contemporaneous motion for a mistrial when the state elicited from a witness in the jury’s presence that the defendant Jones remained silent after she was apprehended by a retail store detective for shoplifting pursuant to Section 812.015(3)(a), Florida Statutes (1981) and accused of shoplifting by the said detective. We entirely agree, and, therefore, reverse and remand for a new trial, based on the authorities and reasoning contained in Judge Rawls’ dissent in Williams v. State, 347 So.2d 472, 473-74 (Fla. 1st DCA 1977), cert. discharged, 376 So.2d 846 (Fla.1979). We also rely on the subsequent authority of Clark v. State, 363 So.2d 331, 334 (Fla.1978); Lee v. State, 422 So.2d 928, 930-31 (Fla. 3d DCA 1982); and Brownlee v. State, 361 So.2d 724, 725 (Fla. 4th DCA 1978), which fully support Judge Rawl’s analysis herein. In so doing, we certify, pursuant to Article
We find no merit in the defendant’s remaining point on appeal. Thompson v. State, 249 So.2d 51 (Fla. 3d DCA 1971); § 812.015(1)(c), Fla.Stat. (1981).
Reversed and remanded for a new trial.
