DUNN v. STATE

No. 80-843.

397 So.2d 748 (1981)

Tommy H. DUNN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 29, 1981.


Attorney(s) appearing for the Case

Jack Douglas Hoogewind, Dade City, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Judge.

The state charged appellant with attempted first degree murder, and a jury convicted him of the lesser included offense of aggravated battery. On this appeal he contends that a certain statement made by the court constituted an improper comment upon his failure to testify. He also argues that the court erred in refusing to instruct the jury on aggravated assault.

In the course of asking a prospective juror whether he could make a decision on...

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