Smith v. State

Full title: JAMES L. SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 9, 1985

467 So. 2d 501 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2006.

April 24, 1985. Rehearing Denied May 9, 1985.

Appeal from Circuit Court, Broward County; Patricia W. Cocalis, Judge.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse and remand for a new trial on the authority of Brazil v. State, 429 So.2d 1339 (Fla. 4th DCA 1983) and Roban v. State, 384 So.2d 683 (Fla. 4th DCA 1980). We again certify the following question as one of great public importance to the Florida Supreme Court:

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

ANSTEAD, C.J., and GLICKSTEIN and WALDEN, JJ., concur.