BATISTA v. STATE

No. 95-3577.

685 So.2d 20 (1996)

Ricardo BATISTA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 15, 1997.


Attorney(s) appearing for the Case

Maria Brea Lipinski and John H. Lipinski, Hollywood, for appellant.

Robert A. Butterworth, Attorney General, and Keith S. Kromash, Assistant Attorney General, for appellee.

Before COPE, LEVY and SHEVIN, JJ.


COPE, Judge.

Ricardo Batista appeals his conviction for burglary with an assault or battery. We affirm.

Defendant argues that the trial court should have granted a mistrial based on an objected-to comment which the prosecution made in closing argument. Defendant contends that the prosecution argument was an impermissible comment on silence. We disagree.

The two crime victims in this case returned to their townhouse, unlocked the door, and walked inside...

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