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CUNNINGHAM v. STATE

No. 80-3.

404 So.2d 759 (1981)

Dereck CUNNINGHAM, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 21, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., and BARKDULL and FERGUSON, JJ.

FERGUSON, Judge.

Dereck Cunningham appeals from an adjudication of guilt and sentencing on the charge of burglary of a structure. We reverse on two grounds.

First, we find the prosecutor committed reversible error by commenting on the defendant's right to remain silent. In his closing argument, the prosecutor stated:

That raises two questions: The position that the fingerprint, was found inside the door — keep that in mind — approximately...

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