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HARRIS v. STATE

No. 78-731/T4-84.

381 So.2d 260 (1980)

Eddie James HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 25, 1980.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Jack Goldberger, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.

SHARP, Judge.

Eddie James Harris was convicted of attempted burglary after a jury trial. The appellant urges that reversible error was committed by the trial court when it refused to declare a mistrial, after two prosecution witnesses made improper comments about the appellant remaining silent, following his arrest and being read his "Miranda" warnings.1 Defense counsel made timely objection and moved for a mistrial, in each instance...

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