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WATTS v. STATE

No. 4D04-265.

921 So.2d 722 (2006)

Carl WATTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 15, 2006.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

Carl Watts appeals his convictions for possession of cocaine, possession of drug paraphernalia, battery on a law enforcement officer, and driving without a valid driver's license. He contends that the court erred in denying his motion for mistrial when the prosecutor made a comment on his silence during closing argument. We hold that the prosecutor made an impermissible comment on Watts' failure to testify, and it was not harmless beyond a reasonable doubt...

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