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STATE v. PRIETO

No. 82-400.

439 So.2d 288 (1983)

The STATE of Florida, Appellant, v. Jose PRIETO, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 7, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Paul Mendelson and William Thomas, Asst. Attys. Gen., for appellant.

Ira L. Dubitsky, Miami, for appellee.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

The defendant was charged with kidnapping, robbery, and carrying a concealed weapon. Following a jury trial, he was found guilty of kidnapping and carrying a concealed weapon. The defendant filed a motion for a new trial alleging, among other grounds, that: (1) it was error to deny the defendant's motion for a continuance; (2) a mistrial should have been granted because of the arresting officer's impermissible comments on defendant's silence; and (3) a...

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