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STATE v. BURNS

No. 66888.

491 So.2d 1139 (1986)

STATE of Florida, Petitioner, v. George BURNS, Respondent.

Supreme Court of Florida.

July 17, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., Miami, for petitioner.

Bennett H. Brummer, Public Defender, and May L. Cain, Sp. Asst. Public Defender, Eleventh Judicial Circuit, Miami, for respondent.

PER CURIAM.

This cause is before us on petition to review the district court's decision in Burns v. State, 466 So.2d 1207 (Fla. 3d DCA 1985). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The Third District Court of Appeal reversed respondent's criminal conviction on the ground that defendant's fifth amendment right to remain silent had been violated by an impermissible comment on defendant's post-arrest...

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