HOUSTON v. STATE

No. AP-214.

432 So.2d 56 (1983)

Rickey HOUSTON, a/k/a James Wilson, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 26, 1983.


Attorney(s) appearing for the Case

Rickey Houston, pro se.

No appearance for appellee.


PER CURIAM.

Houston appeals an order summarily denying his motion for post-conviction relief, which alleged that his trial counsel was ineffective because he failed to object to the prosecutor's comments on Houston's right to remain silent. We view this allegation as a serious one, requiring further inquiry, because the trial court must grant a mistrial if one is sought after comment on a defendant's right to remain silent and failure to grant a mistrial is automatically...

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