Thompson v. State (634 So. 2d 169, 1994)

WOLF, Judge.

Kenneth Thompson appeals from a final judgment and sentence following a jury trial in which appellant was convicted of grand theft of an automobile. Appellant raises two issues, only one of which has merit and needs to be discussed herein: Whether the trial court erred in allowing the state to introduce evidence that appellant refused to provide booking information after he was arrested. We find error and reverse.

The victim reported his truck missing from his car dealership at about 7:00 p.m. on December 20, 1991. Officer Horne of the Orange Park Police Department received the report with a description of the truck and the tag number. At approximately 8:20 p.m. on that same date, the officer saw a vehicle fitting the description; he followed it and confirmed the tag number, then pulled the vehicle over.

The appellant was arrested and put in the patrol car. The officer found appellant to be intoxicated, and when appellant was advised that the truck was stolen, he started banging his head on the window of the patrol car. The officer testified that prior to pulling the truck over, the driving pattern of the truck was fine. The officer was asked what he did with the appellant after arresting him, and he replied,