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BROWN v. STATE

No. 82-1131.

427 So.2d 304 (1983)

Willie Nathaniel BROWN, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 23, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Thornton, Rothman, Adelstein & Moreno and John W. Thornton, Jr., Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., and William P. Thomas, Sp. Asst. Atty. Gen., for appellee.

Before HUBBART, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

The prosecutor's closing argument statement, "Did you hear any testimony that Willie Brown told Lamar Cruse: `Stop Lamar, we don't want to kill him, we just want to scare him'?" was, beyond any dispute, susceptible of being interpreted by the jury as referring to the appellant's failure to testify and, the error having been preserved by timely objection and motion for mistrial, reversal of Brown's conviction...

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