Dozier v. State

MOORE, Judge.

This is another case which involves comment upon a defendant’s exercise of his Fifth Amendment privilege to remain silent.

The appellant (hereinafter referred to as defendant) was convicted of the charge of breaking and entering a dwelling house. His direct appeal of that conviction resulted in an affirmance and he subsequently filed a Motion to Vacate Judgment and Sentence pursuant to Fla.R.Crim.P. 3.850. The trial court’s denial of said motion without hearing is the subject of this appeal.

Defendant alleges that the following colloquy occurred at his trial when the prosecution…