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DIEZ v. STATE

No. 77-662.

359 So.2d 55 (1978)

Lazaro J. DIEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 6, 1978.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Warren S. Schwartz, Asst. Public Defender, for appellant.

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

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

PER CURIAM.

Defendant, Lazaro Diez, appeals his conviction for burglary of a dwelling and attempted petit larceny (as reduced from grand larceny).

At the conclusion of the trial, the court rendered the following instruction to the jury:

"The defendant, Lazaro Diez, did not take the witness stand and testify. This is a matter of passing interest only since there is no obligation passed upon the defendant to do or say anything. The entire burden is...

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