Arocha v. State

Appellant and a codefendant were convicted of second-degree murder. The code-fendant’s conviction was affirmed. Barbon-Zurita v. State, 415 So.2d 824 (Fla. 3d DCA 1982). The contentions here are (1) the trial court should have modified a pretrial stipulation and declared a mistrial, sua sponte, when injustice became apparent, (2) the court’s denial of appellant’s request that counsel for codefendant be instructed to refrain from commenting on the fact that appellant had not testified effectively penalized appellant for exercising his right to remain silent, (3) appellant’s motion for judgment…