Santana v. State

WARNER, Judge.

Appellant, Santana, was charged with attempted second degree murder and with resisting an officer without violence. A jury found the appellant guilty of both charges. He appeals his conviction which we reverse on the ground that the trial court erred in admitting evidence of the appellant’s post-arrest silence.

The victim of the attempted murder testified at trial that appellant had stabbed her in the back as she was going to buy a soda. The victim saw appellant but as a car was approaching the area, appellant ran off. He was subsequently apprehended by the police.

At trial…