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SAMOSKY v. STATE

No. 82-2614.

448 So.2d 509 (1983)

William SAMOSKY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 15, 1983.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lawrence M. Malman, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Penny H. Brill and Julie Thornton, Asst. Attys. Gen., for appellee.

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

PER CURIAM.

The defendant William Samosky appeals his convictions for manslaughter, armed robbery and kidnapping and contends that the trial court committed reversible error in denying his timely motion for mistrial based on an impermissible comment by the prosecuting attorney during closing argument to the jury. It is urged that the prosecuting attorney indirectly commented on the defendant's failure to testify in the case as follows:

"So normally at this...

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