Criminal law -- Argument -- Silence of defendant -- Prosecutor's comments regarding defendant's failure to make an exculpatory statement after police stopped her and found cocaine in her bag, even if made prior to her actual arrest, amount to unconstitutional comments upon defendant's protected post-arrest silence -- Invited error -- While defendant's testimony on direct examination that she was silent when police discovered the cocaine and that the reason for her silence was that she was too shocked to speak invited a limited degree of inquiry responsive to her statement that she was too shocked to speak, prosecutor's comments exceeded scope of invited response when he suggested that instead of being too shocked to speak, she should have been shocked enough to affirmatively proclaim her innocence -- Harmless error -- Comments on defendant's silence were not harmless where there exists reasonable possibility that improper prosecutorial comments on defendant's silence influenced jury verdict -- Inference of guilty knowledge arising from defendant's exclusive possession of cocaine was rebutted by evidence that she successfully passed through customs and drugs were not discovered and by evidence that she was traveling with an acquaintance who might have put the cocaine in her bag as she postulated -- Remand for new trial     33 Fla. L. Weekly D1314a

Criminal law -- Driving under influence -- Speedy trial -- Where DUI charge was filed as misdemeanor in county court, state announced that it was filing felony information in circuit court, misdemeanors were transferred to circuit court, but state did not consolidate the misdemeanor with the felony or nolle pros the misdemeanor, county
court retained jurisdiction and should have dismissed the misdemeanor DUI when the ninety-day speedy trial period expired -- Because a conviction for the current misdemeanor DUI is required to establish the crime of felony DUI after three previous misdemeanor DUI convictions, current felony DUI charge cannot be sustained -- Trial
court erred in denying motion to dismiss felony DUI charge based on expiration of speedy trial period in underlying misdemeanor DUI in county court     33 Fla. L. Weekly D1292a

Criminal law -- Grand theft -- Dealing in stolen property -- Section 812.025, Florida Statutes, precludes defendant's separate convictions for grand theft of various household items and dealing in stolen property, based on same items being pawned, where state was able to prove dates on which stolen property was pawned but was unable to prove when various items were stolen -- Although issue was not raised in trial court, adjudication of guilt and sentences can be raised for first time on appeal as fundamental error -- Vacation of third degree grand theft conviction, which carries five year sentence, is appropriate, rather than conviction for dealing in stolen property, which carries a fifteen year sentence -- Remedy routinely imposed under these circumstances is vacating conviction which carries lesser sentence      33 Fla. L. Weekly D1313b

Criminal law -- Second degree murder with firearm -- Evidence --Victim's reputation for violence -- Trial court erred in preventing defendant from testifying about victim's reputation for violence and for carrying gun -- Defendant presented sufficient predicate to admit this evidence where it was undisputed that defendant and victim were involved in physical altercation inside club and defendant claimed that he saw handgun in victim's possession and shot toward the victim in self-defense -- Jury instructions -- Duty to retreat -- Law in effect at time of offense did not require defendant to retreat because he was neither involved in any unlawful activity nor in a place in which he did not have a right to be -- Trial court's instruction misstated law on duty to retreat -- Error was fundamental-- New trial required -- Statements of defendant -- No error in denying motion to suppress surreptitious recording of statements made by defendant in interview room during cell phone conversations made after police had terminated interrogation following defendant's invocation of right to counsel -- Statements were not the product of interrogation, defendant did not ask for privacy, and there was no suggestion that he had privacy when detective retrieved defendant's cell phone for him and left the room     33 Fla. L. Weekly D1298a
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