PAYNE v. STATE

No. 76-1714.

356 So.2d 12 (1977)

Randall PAYNE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 28, 1978.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Tatjana Ostapoff, Asst. Public Defender, and Joseph R. Atterbury, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Richard P. Zaretsky and Benedict P. Kuehne, Asst. Attys. Gen., West Palm Beach, for appellee.


ANSTEAD, Judge.

The appellant, Randall Payne, seeks to reverse his convictions for conspiracy to commit robbery and armed robbery on the grounds that the state was allowed to comment on a defense witness' prior assertion of his right to remain silent. We find no error and affirm.

Payne and Claude Ross parked Ross' van, with the engine left running, near a drugstore. They entered the drugstore and while Payne lingered at a merchandise counter, Ross presented...

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