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CHARTON v. STATE

No. 96-3317.

716 So.2d 803 (1998)

Michael CHARTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 15, 1998.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.

STEVENSON, Judge.

The issue in this case is whether the prosecution may comment, during its case-in-chief, on a defendant's silence during a lawful investigative Terry stop. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The resolution of the main issue in this case depends upon whether the Fifth Amendment protects an individual's Terry stop silence. As various Florida decisions have previously...

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