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BELL v. STATE

Nos. 81-266, 81-596.

413 So.2d 1292 (1982)

Milton BELL, Appellant, v. STATE of Florida, Appellee. Stephen James GRANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 19, 1982.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Cynthia Karl-Stamm, Asst. Public Defender, Daytona Beach, for appellants.

Jim Smith, Atty. Gen., Tallahassee, Evelyn D. Golden and C. Michael Barnette, Asst. Attys. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Appellants were tried as co-defendants on charges of second degree grand theft. On their motion, the trial court declared a mistrial because of alleged prosecutorial comment on appellants' right to remain silent.1 When the case was re-set for trial, each appellant moved to dismiss on the ground of former jeopardy, and such motions were denied. The subsequent trial resulted in...

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