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SOSA v. STATE

No. 82-1899.

435 So.2d 968 (1983)

Demetrio SOSA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 9, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Carolyn M. Snurkowski and Calvin Fox, Asst. Attys. Gen., for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.

NESBITT, Judge.

The defendant appeals his conviction for attempted robbery alleging that the court erred in denying his motion for mistrial based on the prosecutor's impermissible comments on the defendant's right to remain silent. We reverse.

The following colloquy took place during the prosecutor's direct examination of the arresting officer:

PROSECUTOR: After you had advised Sosa of his rights, did he make any statements to you at the scene?

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