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HARRIS v. STATE

No. 97-1449

726 So.2d 804 (1999)

Ryan Christopher HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 3, 1999.

Attorney(s) appearing for the Case

Ronald B. Smith of Waxler & Smith, Stuart, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Barbra Amron Weisberg, Assistant Attorney General, West Palm Beach, for appellee.

FARMER, J.

Defendant was convicted of second degree murder and sentenced to life in prison. We conclude that the trial court erred in permitting the prosecution to present testimony and argument relating to his constitutional right to remain silent.

Defendant and the victim were previously involved in a relationship which produced one child. At the time of the incident, defendant was estranged from the victim, who...

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