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LATTIMORE v. STATE

No. 81-432.

405 So.2d 259 (1981)

Robert Lee LATTIMORE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 27, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Micheal Zelman, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson and Joel D. Rosenblatt, Asst. Attys. Gen., for appellee.

Before HUBBART, C.J., and HENDRY and SCHWARTZ, JJ.

PER CURIAM.

Affirmed.

SCHWARTZ, Judge (dissenting).

In my view, the trial judge erred prejudicially in declining to permit counsel to argue to the jury concerning the effect of the prosecution's failure to produce fingerprint evidence at the defendant's burglary trial. See Thomas v. State, 326 So.2d 413 (Fla. 1976); Smith v. State, 365 So.2d 405 (Fla. 3d DCA 1979...

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