COOK v. STATE

No. 97-1583.

714 So.2d 1132 (1998)

James COOK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 13, 1998.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.

Robert Butterworth, Attorney General, and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.


KAHN, Judge.

Appellant, James Cook, appeals his conviction and sentence for robbery with a deadly weapon. He contends he is entitled to a new trial because the prosecutor elicited improper comments on the right to remain silent. We agree and reverse.

The evidence at trial revealed that at about 12:27 p.m. on December 19, 1996, a black man went into a Jacksonville Lil' Champs store, displayed a knife to the manager, and said "this is a robbery." Confronted...

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