Smith v. State

POLEN, Judge.

Brian Smith appeals his conviction for loitering and prowling. We reverse as the trial court erred by allowing the state to make repeated references to his failure to explain his presence and conduct to the police.

In State v. Ecker, 311 So.2d 104 (Fla.1975), the supreme court addressed the constitutionality of the loitering and prowling statute, section 856.021, and in doing so set out the elements of the offense as follows:

Under the provisions of this statute, the elements of the offense are: (1) the defendant loitered or prowled in a place, at a time, or in a manner not usual…