LUSK v. STATE

No. 77-1287.

367 So.2d 1088 (1979)

Bobby Earl LUSK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 27, 1979.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Kurt Marmar, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Margarita Esquiroz, Asst. Atty. Gen., for appellee.

Before HENDRY and SCHWARTZ, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


SCHWARTZ, Judge.

Rejecting the defendant Lusk's sole contention on appeal, we hold that the prosecutor's request that the defendant speak so that a witness then on the stand could identify his voice, was not an improper comment on an exercise of his constitutional right against self-incrimination. Although the request was made while the jury was present, and although Lusk did not himself testify, the cases cited by the defendant, e.g., Gordon v. State,

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