PORTER v. STATE

No. 76-2040.

356 So.2d 1268 (1978)

Donald PORTER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 21, 1978.


Attorney(s) appearing for the Case

Mark King Leban and Joe N. Unger, Miami, for appellant.

Robert L. Shevin, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before PEARSON, NATHAN and HUBBART, JJ.


PER CURIAM.

The controlling question presented on this appeal appears to be whether reversible error occurs where the State elicits testimony from the arresting officer that the defendant, while in custody and being advised of his Miranda rights, stated that he wished to have an attorney present and made no statement and where defendant's trial counsel did not object at the time of the testimony. The question arises as follows:

The defendant, Donald...

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