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GILLIAN v. STATE

No. FF-59.

364 So.2d 729 (1977)

Buford Wallace GILLIAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 20, 1978.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., for appellee.

BOYER, Judge.

Appellant, charged with burglary of a dwelling and convicted and sentenced accordingly, now appeals urging that fundamental error occurred when the prosecutor questioned him in the presence of the jury, without objection, concerning defendant's failure to give any explanatory statement to the officer at the time of his arrest, citing Bennett v. State, 316 So.2d 41 (Fla. 1975) and Shannon v. State,

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