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BOYD v. STATE

No. 75-624.

351 So.2d 1041 (1976)

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

District Court of Appeal of Florida, Fourth District.

November 26, 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.

ON REHEARING

PER CURIAM.

The Petition for Rehearing of the cause filed July 22, 1976, is hereby granted, and the decision of this Court filed on July 9, 1976, is hereby withdrawn and vacated.

Defendant appealed a conviction of robbery in violation of section 813.011, Florida Statutes, assigning as error the trial court's failure to grant a mistrial after the arresting officer commented on the defendant

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