WILLIAMS v. STATE

No. 82-1610.

440 So.2d 1290 (1983)

Richard Wayne WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 7, 1983.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, and Tatjana Ostapoff, Asst. Public Defenders, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for appellee.


GLICKSTEIN, Judge.

This is an appeal from a judgment and conviction of three counts of burglary following a non-jury trial. Appellant contends that he was entitled to judgment of acquittal; that he did not legally waive trial by jury; and that the prosecutor improperly commented upon his right to remain silent.

We reverse and remand because of our agreement with appellant's second contention. Upon that point it is uncontradicted that the only record evidence...

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