LAWYER v. STATE

No. 91-2768.

627 So.2d 564 (1993)

Willie LAWYER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 1, 1993.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


ON MOTION FOR REHEARING

KLEIN, Judge.

We grant rehearing on our opinion filed June 2, 1993, and substitute the following opinion.

Defendant appeals a conviction of armed robbery, arguing that the prosecutor's reference to defendant's failure to call a witness to testify is error. We reverse.

Defendant was found guilty of robbery of a fast food restaurant that occurred at approximately 1:00 a.m. Defendant did not file a notice of alibi...

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