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LOWRY v. STATE

No. 84-526.

510 So.2d 1196 (1987)

Richard Leon LOWRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 14, 1987.

Attorney(s) appearing for the Case

Lester W. Jennings, Okeechobee, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, Sarah B. Mayer and Diane E. Leeds, Asst. Attys. Gen., West Palm Beach, for appellee.

DELL, Judge.

In Lowry v. State, 468 So.2d 298 (Fla. 4th DCA 1985), we reversed appellant's conviction of a lewd and lascivious act upon a six-year-old child and remanded this case for a new trial. We concluded that comments made by the prosecutor during closing argument were fairly susceptible of construction as a comment upon appellant's right to remain silent. We reversed on the authority of Clark v. State,

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