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GILBERT v. STATE

No. HH-490.

362 So.2d 405 (1978)

Dan Currie GILBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 24, 1978.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender; Margaret Good and Louis Carres, Asst. Public Defenders, for appellant.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant appeals his grand larceny conviction, claiming that a statement made by the prosecutor in his closing argument constituted an improper comment on his constitutional right to remain silent. We agree and reverse.

The record reveals that the evidence against appellant was composed of (1) the testimony of a co-defendant who had turned State's evidence, and (2) the testimony of a Pensacola police...

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