District Court of Appeal of Florida June 18, 1997, No. 96-1827 (Smith v. State)

POLEN, Judge.

Brian Smith appeals his conviction for loitering and prowling. We reverse as the trial court erred by allowing the state to make repeated references to his failure to explain his presence and conduct to the police.

In State v. Ecker, 311 So.2d 104 (Fla.1975), the supreme court addressed the constitutionality of the loitering and prowling statute, section 856.