NELSON v. STATE

No. 81-2396.

416 So.2d 899 (1982)

Dana Lamar NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 14, 1982.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, Bartow, and Robert J. Krauss, Asst. Public Defender, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


OTT, Chief Judge.

Dana Lamar Nelson appeals his conviction for second degree murder, contending that the prosecutor violated his constitutional right to remain silent by commenting on his failure to make an exculpatory statement prior to trial. We disagree and affirm.

Nelson, employed as a bartender at the Manhattan Bar in St. Petersburg, shot and killed Alton Harden during a dispute arising out of the sale by Harden to Nelson of a toy pistol which Harden...

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