Legal Opinion

Pezzella v. State

District Court of Appeal of Florida

Decided November 3, 1981No. 80-1427Published

1Per curiam

We reverse appellant’s conviction for possession of a controlled substance on the ground that the comment by a prosecution witness on the accused’s right to remain silent, to which defense counsel objected and moved for a mistrial, impermissibly prejudiced appellant’s right to a fair trial. Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976); Clark v. State, 363 So.2d 331 (Fla.1978); Willinsky v. State, 360 So.2d 760 (Fla.1978); Shannon v. State, 335 So.2d 5 (Fla.1976); Bennett v. State, 316 So.2d 41 (Fla.1975); Marshall v. State, 393 So.2d 584 (Fla. 1st DCA 1981); Harris v.…

2Cases cited7 opinions

  1. Doyle v. OhioSupreme Court of the United States · 1976
  2. Clark v. StateSupreme Court of Florida · 1978
  3. Bennett v. StateSupreme Court of Florida · 1975
  4. Willinsky v. StateSupreme Court of Florida · 1978
  5. Barnes v. StateDistrict Court of Appeal of Florida · 1979

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