Sosa v. State

NESBITT, Judge.

The defendant appeals his conviction for attempted robbery alleging that the court erred in denying his motion for mistrial based on the prosecutor’s impermissible comments on the defendant’s right to remain silent. We reverse.

The following colloquy took place during the prosecutor’s direct examination of the arresting officer:

PROSECUTOR: After you had advised Sosa of his rights, did he make any statements to you at the scene?

OFFICER: No, not at the scene.

DEFENSE COUNSEL: Objection, request a side bar.

THE COURT: No, he already answered the question.

DEFENSE COUNSEL: I have a…