Johnson v. State

Appellant challenges his convictions and sentences for burglary and petit theft arguing that the trial court should have *12granted his motion for mistrial. Because the trial court abused its discretion by denying the motion, we reverse and remand for a new trial.

During Appellant’s trial, an officer testified that Appellant invoked his right of counsel during a custodial interrogation. This comment is fairly susceptible of being interpreted by the jury as a comment on Appellant’s right to remain silent. State v. DiGuilio, 491 So.2d 1129, 1131 (Fla.1986). Comments on a defendant’s right to remain…