affirm Appellant’s convictions and sentences. All sitting. All concur. ORDER GRANTING PETITION FOR MODIFICATION This matter is before the Court on the Appellee’s Petition for Modification, filed December 11, 2012, of the Opinion of the Court by Justice Scott, rendered November 21, 2012. Having reviewed the record and being otherwise fully and sufficiently advised, the Court ORDERS: The Appellee’s Petition for Modification is GRANTED; and the Opinion of the Court by Justice Scott, rendered November 21, 2012, is MODIFIED on its face and WITHDRAWN; and the attached opinion is SUBSTITUTED therefor. The modification does not affect the holding. All sitting. All concur. ENTERED: May 23, 2013. /s/ John D. Minton, Jr. 1 . Mere seconds later, Hayes and Robbins heard a collision 1th Cir. 1991) (<HOLDING>). The Fifth Circuit has held that a defendant's
holding that the government may comment on a defendants prearrest premiranda silence as well as his postarrest pr emiranda silence holding that the government can use prearrest silence for impeachment purposes against a defendant because no government action induced the silence holding a prosecutor may not comment on a defendants silence holding that the defendants postarrest pr emiranda silence was admissible in the governments caseinchief because there was no official compulsion the court qualified its holding stating we do not decide today whether compulsion may exist under any other postarrest pr emiranda circumstances holding that when no governmental action induced postarrest pr emiranda silence it could be introduced as evidence of guilt