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WHIGHAM v. STATE

No. YY-379.

404 So.2d 858 (1981)

Thomas James WHIGHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 16, 1981.

Attorney(s) appearing for the Case

Michael Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gregory C. Smith, Asst. Atty. Gen., Daytona Beach, for appellee.

ERVIN, Judge.

Whigham appeals his conviction and sentences on charges of kidnapping and sexual battery. We find no merit to the claim that his second trial, following a mistrial that was brought about by a prosecutor's comment on the "Golden Rule" in closing argument, should have been barred on double jeopardy grounds. Under the circumstances of this case, the comments did not amount to "grossly negligent or intentional misconduct." See United States v. Davis,...

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