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HAYES v. STATE

No. 80-492.

400 So.2d 519 (1981)

Lewis B. HAYES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 23, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Lawrence J. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellee.

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

FERGUSON, Judge.

From a conviction and sentence for second degree murder and robbery with a deadly weapon defendant appeals asserting three points as error:

(1) The denial of his challenge to the panel of prospective jurors where unlawful excusal forms were mailed to the jurors; (2) the denial of a motion for mistrial where the police officer, in the presence of the jury, commented on the defendant's exercise of his right to remain silent;...

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