Rose v. State

Appellant was convicted and sentenced under section 790.23, Florida Statutes, for possession of a firearm by a convicted felon. Although Appellant raises four issues on appeal, we need only address one, as it is dispositive. Appellant argues that the trial court erred by denying his motion for mistrial based upon the prosecutor’s comments during its opening statement regarding Appellant’s refusal to consent to a search of his vehicle. We agree, and reverse.

During opening statements, the State described the arresting officer’s initial encounter with Appellant as follows:

As he approached the…