THOMAS v. STATE

No. 76-288.

342 So.2d 991 (1977)

Johnny Lee THOMAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 9, 1977.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, and Larry Besser, Legal Intern, for appellant.

Robert L. Shevin, Atty. Gen., and William M. Grodnick, Asst. Atty. Gen., and Harold E. Rosenfeld, Legal Intern, for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.


PER CURIAM.

Defendant, Johnny Lee Thomas, appeals his conviction for robbery and ten-year sentence to the state penitentiary.

Defendant-appellant first contends the trial court erred in allowing the prosecutor to elicit testimony during the cross-examination of the defendant that while the defendant was in custody he remained silent and did not offer exculpatory statements to the police and further erred in permitting the prosecution to comment to the same...

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