concurring specially.
This is a close case on the issue whether fundamental error occurred in the trial because of testimony that Poland had invoked her right to post-arrest silence. Certainly, I am not convinced that the prosecutor here intentionally exploited the defendant’s right to post-arrest silence as was the case in State v. White, 97 Idaho 708, 551 P.2d 1344, cert. denied, 429 U.S. 842, 97 S.Ct. 118, 50 L.Ed.2d 111 (1976). Indeed, in my view, the testimony quoted in this opinion, by itself, did not undermine the fairness of the trial. However, when the testimony is viewed in combination with other occurrences to be found in the record, I am *38willing to say that guarantees of a fair trial require that the conviction be set aside.