CRUZ v. STATE

No. 75-871.

328 So.2d 24 (1976)

Francisco CRUZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 17, 1976.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Mark King Leban, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Linda Collins Hertz, Asst. Atty. Gen., for appellee.

Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

The single point presented on this appeal after defendant was found guilty by a jury of robbery, adjudicated guilty and sentenced to life imprisonment is that the trial court erred in denying defendant the right to comment on his codefendant's failure to take the stand at the trial. Appellant at no time asked for a severance, and his claim of a right to comment upon his codefendant's failure to testify came at the end of the trial.

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