T.E. v. State

CONFESSION OF ERROR

Appellant, T.E., a juvenile, appeals an adjudication of delinquency for trespass to a conveyance. We reverse.

The state correctly concedes that the trial court erred in permitting a police officer to comment on T.E.’s right to remain silent where the comment violated his privilege against self-incrimination. See Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965); State v. Boatman, 329 So.2d 309 (Fla.1976); J.D. v. State, 553 So.2d 1317 (Fla. 3d DCA 1989). The trier-of-fact’s consideration of the improper comment on silence is reversible error unless…