BAYSHORE v. STATE

No. 81-2695.

437 So.2d 198 (1983)

Thomas Guy BAYSHORE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 13, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.


HENDRY, Judge.

Defendant below appeals from his conviction of burglary and grand theft. The only issue on appeal is whether the trial court erred in refusing to grant appellant's motion for a mistrial following the prosecutor's comments on appellant's failure to call his father as an "alibi" witness. We find merit in this argument and reverse.

Appellant was convicted on the basis of the testimony of the victim who said she awoke to find the appellant rummaging...

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