BATES v. STATE

No. 93-3036.

649 So.2d 908 (1995)

Wayne Steven BATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 1, 1995.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff and Pamala Hanna, Asst. Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Edward L. Giles, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We reverse appellant's conviction and sentence for aggravated assault on police officers, agreeing with him that the state's improper comment on his mother's failure to testify may have led the jury to believe that appellant had the burden of proving his innocence.

Appellant was charged with three counts of aggravated assault on a law enforcement officer. The incident arose after three officers were dispatched to the home where appellant and his...

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