KINCHEN v. STATE

No. 81-2133.

432 So.2d 586 (1983)

Randy Eugene KINCHEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

On Rehearing June 29, 1983.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Richard Greene, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Joy B. Shearer, Asst. Atty. Gen., and James P. McLane, Certified Legal Intern, West Palm Beach, for appellee.


PER CURIAM:

Upon review of the record we conclude that the appellant is entitled to a new trial because a comment was made during closing arguments which was fairly susceptible of being interpreted by the jury as referring to the appellant's failure to testify. The Florida Supreme Court has held that such comments require the granting of a motion for mistrial or, if such motion is denied, a reversal for new trial. David v. State, 369 So.2d...

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