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JENNINGS v. STATE

No. 83-2170.

457 So.2d 587 (1984)

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

District Court of Appeal of Florida, Third District.

October 16, 1984.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and G. Bart Billbrough, Coral Gables, for appellee.

Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.

SCHWARTZ, Chief Judge.

The sole point on this appeal from a grand theft conviction claims that the trial court should have mistried the case on the ground that the investigating police officer impermissibly referred to the defendant's invocation of his right to silence in the following colloquy during cross-examination by defense counsel:

Q He was very cooperative with you and denied stealing the lady's jewelry, isn't that so? A He did deny taking...

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