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JANIGA v. STATE

No. 97-00033.

713 So.2d 1102 (1998)

Gladys J. JANIGA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 22, 1998.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Patricia A. Paterson, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

A jury convicted Gladys Janiga of burglary and grand theft. On appeal, Janiga argues that the trial court should have declared a mistrial following the prosecutor's impermissible comment on Janiga's failure to produce a witness. We agree, and reverse Janiga's convictions.

The defense theory focused on Janiga's lack of conscious participation in the crimes. She testified that on the evening in question...

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