District Court of Appeal of Florida May 10, 1983, No. 82-886 (White v. State)

PER CURIAM.

We reverse the conviction and sentence of Michael White and remand for a new trial because it is apparent from the record *978that the defendant’s assertion of his fifth amendment right, declining to answer police questions notwithstanding a gratuitous pre-arrest Miranda warning, was improperly placed before the jury. See Simpson v. State, 418 So.2d 984 (Fla.1982); Clark v.