Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

JENNY JONES, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE.

PER CURIAM.

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 V, Section 3(b)(4) of the Florida Constitution, that our decision herein is in direct conflict with the majority opinion in the above-stated Williams case.

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.

Use AI to get other relevant cases.

Comments

JONES v. STATE
(Aug 3, 1983)