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GRADY v. STATE

No. 5D01-2684.

817 So.2d 928 (2002)

Alvin L. GRADY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 10, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

GRIFFIN, J.

Alvin L. Grady ["Grady"] appeals his conviction for battery on a law enforcement officer, resisting arrest with violence, assault on a law enforcement officer, and disorderly intoxication. We find merit in only one claim of error; we agree that the State erroneously was permitted to elicit testimony commenting on Grady's right to remain silent.

Detective Price ["Price"] testified that when Grady was first brought to the jail, he was swearing profusely...

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