OPINION
McMANUS, Justice.
This case comes to us on petition by the state for a writ of certiorari, after the Court of Appeals reversed defendant's conviction and remanded for a new trial. In its petition the state argues that the Court of Appeals erred in reversing the trial court's decision not to grant a mistrial when a witness, in response to a question by the state, commented on the defendant's silence. Under the circumstances of this case we agree,...
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