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STATE v. LOWRY

No. 67308.

498 So.2d 427 (1986)

STATE of Florida, Petitioner, v. Richard Leon LOWRY, Respondent.

Supreme Court of Florida.

December 11, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for petitioner.

Lester W. Jennings, Okeechobee, for respondent.

PER CURIAM.

We have for review Lowry v. State, 468 So.2d 298 (Fla. 4th DCA 1985), which directly and expressly conflicts with decisions of other district courts of appeal and this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The district court held that a comment made by the prosecutor during closing argument was fairly susceptible of construction as a comment upon Lowry's right to remain silent...

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