MITCHELL v. STATE

No. 74-724.

304 So.2d 466 (1974)

Ronnie MITCHELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 17, 1974.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, Kathleen Gallagher, Asst. Public Defender, and Paul Morris, Legal Intern, for appellant.

Robert L. Shevin, Atty. Gen., William L. Rogers, Asst. Atty. Gen., and Margarita Esquiroz, Legal Intern, for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.


PER CURIAM.

From a conviction for the crime of robbery, the defendant appeals contending first that the state attorney violated his privilege against self-incrimination by indirectly commenting upon the defendant's failure to take the stand and testify in his own behalf.

The record reveals that in his opening remarks the defense attorney stated that the defendant would take the stand and testify that he had worked for the victim and that the defendant lives...

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