Kearse v. State

SHIVERS, Judge.

Kearse appeals judgment and sentence for unarmed robbery. We reverse and remand for a new trial. At issue are (1) whether the information was defective for failure to allege intent to permanently deprive the owner of her property, and whether the motion to dismiss for such failure was timely filed, (2) whether appellant’s motion for mistrial should have been granted after the arresting officer commented on appellant’s silence at his arrest and (3) whether the sentence should be vacated or remanded for sentencing errors. We reverse and remand because of the officer’s comment at…