Gillian v. State

BOYER, Judge.

Appellant, charged with burglary of a dwelling and convicted and sentenced accordingly, now appeals urging that fundamental error occurred when the prosecutor questioned him in the presence of the jury, without objection, concerning defendant’s failure to give any explanatory statement to the officer at the time of his arrest, citing Bennett v. State, 316 So.2d 41 (Fla.1975) and Shannon v. State, 335 So.2d 5 (Fla.1976). We have carefully considered those cases as did our brethren of the Second District, in a factually similar case, Clark v. State, 336 So.2d 468 (Fla. 2nd DCA…