Taylor v. State

OPINION

MATTINGLY, Judge.

Demetrius Taylor appeals the denial of his petition for post-conviction relief. We consolidate and restate his issues as:

1. Whether improper references at trial to Taylor’s post-arrest silence constituted reversible error; and

2. Whether Taylor was subjected to double jeopardy when he was convicted of both rape and confinement.1

We reverse and remand.

FACTS

On December 18, 1989, the victim left her apartment door slightly open when she went to the front of her apartment building to meet a neighbor who was to take the victim’s daughter to school. When the victim returned to…