Walker v. State

ROBERT P. SMITH, Jr., Chief Judge.

Under interrogation by the prosecutor, the law enforcement officer who gave appellant Miranda warnings improperly testified that the defendant refused to answer his questions. The timely motion for mistrial should have been granted. Clark v. State, 363 So.2d 331 (Fla.1978). The prosecutor’s subsequent cross-examination of appellant as to whether he had previously been arrested was conceded error which will be avoided on the necessary retrial. See Harmon v. State, 394 So.2d 121 (Fla. 1st DCA 1980). The court’s refusal to separately charge the jury on the…