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JORDAN v. STATE

No. 79-1606.

400 So.2d 174 (1981)

Luther JORDAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 23, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Barbara Kelley, Sp. Asst. Public Defender, for appellant.

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

Before HENDRY, SCHWARTZ and NESBITT, JJ.

PER CURIAM.

Appellant's conviction for theft is reversed on the basis of error resulting from the prosecutor's impermissible comment on the accused's right to remain silent, which error was adequately preserved for appeal by objection and a motion for mistrial. Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976); Clark v. State, 363 So.2d 331 (Fla. 1978); Willinsky v...

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