Trial court erred in admitting detective's testimony regarding his review of State Driver and Vehicle Identification Database which led to his investigation of defendant's wife's van. Such evidence was hearsay offered to buttress state's identification of defendant as robber who had driven vehicle to scene of robbery.
Silence of defendant. State's question to defendant on cross-examination as to why he never relayed to detective who had arrested defendant any details about people defendant claimed would have seen him on night of robbery was fairly susceptible of being construed as a comment on defendant's silence. Conviction reversed. Remand for new trial. Read Case Below: