GIFFORD v. STATE

No. 76-1307.

355 So.2d 436 (1978)

Lewis C. GIFFORD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 21, 1978.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, James K. Green and Craig S. Barnard, Asst. Public Defenders, and Frank B. Kessler, Chief, Appellate Division, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Harry M. Hipler, Asst. Atty. Gen., West Palm Beach, for appellee.


ANSTEAD, Judge.

The appellant, Lewis C. Gifford, was convicted of sexual battery and breaking and entering with the intent to commit a felony. He claims that the state improperly commented on his right to remain silent after his arrest and that the trial court erred in refusing to instruct the jury on the lesser included offense of trespass. We agree and reverse.

Gifford testified in his own defense that he was invited by the victim to her residence, where...

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