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HANKERSON v. STATE

No. 1D01-1107.

831 So.2d 235 (2002)

Lawrence T. HANKERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 4, 2002.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Glen P. Gifford, Assistant Public Defender; Michael J. Minerva, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Anne C. Toolan, Assistant Attorney General, Tallahassee, for Appellee.

WOLF, J.

Appellant, Lawrence T. Hankerson, appeals from a conviction and sentence for second-degree murder. He raises two issues on appeal: I. Whether the trial court erred in denying his request for a curative instruction and mistrial where remarks made by the prosecutor during closing argument were fairly susceptible of being interpreted as referring to defendant's failure to testify and as an impermissible attempt to...

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