WARREN H. COBB, Associate Judge.
The defendant, Julio Alvarez, was convicted of possession of cocaine with intent to sell. At trial the prosecutor, in the presence of the jury, asked that the defendant take the stand during the state's case-in-chief. It was the prosecutor's contention that a reference by defense counsel during cross-examination of a state witness to a scar on the defendant's face constituted non-verbal testimony, thereby waiving the defendant's right...
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