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SPRY v. STATE

No. 95-1088.

664 So.2d 41 (1995)

Ernest SPRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 6, 1995.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, Judge.

Our supreme court observed in State v. DiGuilio, 491 So.2d 1129, 1135 (Fla. 1986), that comments on a defendant's failure to testify can be of "almost unlimited variety," and the Hollywood-inspired argument made by the prosecutor in this case bears that out.

The state established by unrefuted evidence that a prisoner had gone into an open cell occupied by another inmate, and, after the assailant inflicted...

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