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WALKER v. STATE

No. AH-317.

414 So.2d 22 (1982)

Randy Lavern WALKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 14, 1982.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Harry M. Hipler, Asst. Atty. Gen., Tallahassee, for appellee.

ROBERT P. SMITH, Jr., Chief Judge.

Under interrogation by the prosecutor, the law enforcement officer who gave appellant Miranda warnings improperly testified that the defendant refused to answer his questions. The timely motion for mistrial should have been granted. Clark v. State, 363 So.2d 331 (Fla. 1978). The prosecutor's subsequent cross-examination of appellant as to whether he had previously been arrested was...

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