BAIN v. STATE

No. 88-3443.

552 So.2d 283 (1989)

Deviral BAIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 15, 1989.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.


STONE, Judge.

We reverse the appellant's conviction on two counts of robbery because argument by the state was susceptible to interpretation as a comment on the defendant's silence and his decision not to testify.

The subject of the defendant's Fifth Amendment right was first raised during voir dire. There were questions by the prosecutor concerning a prospective juror's understanding of the defendant's right to remain silent, which prompted a motion for mistrial...

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