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VARONA v. STATE

No. 95-1355.

674 So.2d 823 (1996)

Sergio VARONA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 24, 1996.

Attorney(s) appearing for the Case

Richard Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Robert Butterworth, Attorney General, Tallahassee, and Aubin Wade Robinson, Assistant Attorney General, West Palm Beach, for appellee.

GROSS, Judge.

Appellant was convicted of robbery, possession of cannabis and resisting arrest without violence.

During voir dire, the prosecutor said to the jury:

Now, you understand obviously that the defendant has a right to remain silent ... [I]f the defendant does decide to testify, and he doesn't have to do anything. He could sit there and play crossword puzzles as long as he behaves himself. [I]f the defendant were to choose to testify, were...

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