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BOYD v. STATE

No. 75-624.

335 So.2d 834 (1976)

Tommy Lee BOYD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 27, 1976.

Order Vacating Denial of Rehearing September 13, 1976.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Craig S. Barnard, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CROSS, J., and GALE, JOHN, Associate Judge, concur.

MAGER, J., dissents, with opinion.

MAGER, Judge (dissenting).

A review of the record reflects testimony by the arresting officer which can only be characterized as commenting on defendant's exercise of his right to remain silent constituting fundamental reversible error. Bennett v. State, 316...

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