BOTWINICK v. STATE

No. 76-751.

343 So.2d 643 (1977)

Ben BOTWINICK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 1, 1977.


Attorney(s) appearing for the Case

Joseph Mincberg, Sky E. Smith, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Ira N. Loewy, Asst. Atty. Gen., for appellee.

Before HENDRY, C.J., and HAVERFIELD and NATHAN, JJ.


PER CURIAM.

Defendant, Ben Botwinick, appeals his conviction for involuntary sexual battery, attempted murder, aggravated battery, burglary and petit larceny.

Botwinick first urges as reversible error the denial of his motion for mistrial on the ground that the prosecutor improperly commented upon his failure to testify violating his right against self-incrimination.

This complained of comment was made during defense counsel's cross-examination of...

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