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Wright v. State

The trial court in intentionally eliciting evidence of and commenting on the defendant's invocation of his Miranda rights.

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Following a jury trial, Joe Wright appeals his conviction of robbery by sudden snatching,1 contending that the trial court erred by eliciting evidence of and commenting on Wright’s refusal to make a post-arrest statement to police. Because the trial court induced an error of constitutional dimension, and because the error was not harmless, we must reverse the conviction and remand for a new trial. Construed in favor of the verdict, Short v. State ,2 the evidence shows that at approximately 11:40 p.m., as Yolanda Coleman was on her way to her midnight work shift at a gas station, Wright approached her seeking a ride to a friend’s house. Coleman recognized Wright as a former high school classmate and agreed to give Wright a ride. After Wright directed Coleman to a dark street, Coleman refused to drive any further, at which point Wright allowed Coleman to drop him off there. As Wright got out of Coleman’s car, he snatched her purse, which contained cash and a credit card, and fled.

Initially recalling only Wright’s first name, Coleman reported the crime at a gas station phone and continued on her way to work. Coleman later recalled Wright’s last name and reported it to police. After Coleman identified Wright from a photographic lineup, police arrested Wright and charged him with robbery. Following a jury trial, Wright was convicted and his motion for new trial denied, giving rise to this appeal.

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