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LEWIS v. STATE

No. 76-909.

354 So.2d 67 (1977)

Ronnie James LEWIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 22, 1977.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, and Laura Sistrunk, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Marsha G. Madorsky, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

DOWNEY, J., and DEAN, ROY E., Associate Judge, concur.

ANSTEAD, J., dissents, with opinion.

ANSTEAD, Judge, dissenting:

I would reverse for a new trial. During cross-examination of a state's witness, Detective Winger, defense counsel elicited the following testimony:

"Q. And after you advised him that you were not going to ask him any questions, he didn't say anything, did he? A. No." ...

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