MATIRE v. STATE

No. 80-1971.

403 So.2d 1049 (1981)

Louis MATIRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 2, 1981.


Attorney(s) appearing for the Case

Mark R. Baer of Law Offices of Mark R. Baer, Miami, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Laura R. Morrison, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

This is an appeal from a denial of appellant's 3.850 motion to set aside his 1968 murder conviction. The motion was based upon an improper comment on appellant's exercise of his right to remain silent made at trial. Though he moved at that time for a mistrial, the motion was denied, but appellant failed to argue the issue on appeal. The trial court, after a hearing, denied his 3.850 motion.

We affirm the trial court's action since appellant's failure...

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