BUFORD WALLACE GILLIAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BOYER, Judge.
Appellant, charged with burglary of a dwelling and convicted and sentenced accordingly, now appeals urging that fundamental error occurred when the prosecutor questioned him in the presence of the jury, without objection, concerning defendant’s failure to give any explanatory statement to the officer at the time of his arrest, citing Bennett v. State, 316 So. 2d 41 (Fla.1975) and Shannon v. State, 335 So. 2d 5 (Fla.1976). We have carefully considered those cases as did our brethren of the Second District, in a factually similar case, Clark v. State, 336 So. 2d 468 (Fla. 2nd DCA 1976). No useful purpose will be accomplished by lengthy quotations from the last mentioned opinion. Suffice to say that we too are of the same view that Bennett v. State and Shannon v. State are distinguishable and not here controlling and that Clark v. State correctly analyzes those and other decisions therein cited. Accordingly, adopting the reasoning of Clark v. State, supra, we affirm.
AFFIRMED.
McCORD, C. J., and RAWLS, J., concur.
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Citator
Cited By
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Armstrong v. State, 364 So. 2d 1238 (Fla. 1st DCA 1977)…ons asked him on cross-examination and having freely answered them, such did not constitute reversible error. See Clark v. State, 336 So. 2d 468 (Fla. 2 DCA 1976), presently pending on certiorari in the Supreme Court, and Gillian v. State, Fla.App., 364 So. 2d 729 (1977) (presently pending on petition for rehearing and being held in abeyance pending the ruling of the Supreme Court in Clark). The subsequent question and answer of the arresting officer which was objected to after the answer had been given merel…
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Vitaliano E. Napoles v. State, 470 So. 2d 72 (Fla. 3d DCA 1985)…remanded to the trial court with directions to modify the sentence in compliance with the above statute. The defendant need not be present in court for this correction of sentence. Pruitt v. State, 363 So. 2d 611 (Fla. 2d DCA 1978); James v. State, 364 So. 2d 729 (Fla. 2d DCA 1977). Affirmed as modified and remanded.…
Authorities Cited
- Shannon v. State, 335 So. 2d 5 (Fla. 1976)
- Bennett v. State, 316 So. 2d 41 (Fla. 1975)
- Clark v. State, 336 So. 2d 468 (Fla. 2d DCA 1976)