MUNOZ-PEREZ v. STATE

No. 4D06-203.

942 So.2d 1025 (2006)

Miguel MUNOZ-PEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 6, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was convicted of burglary with a battery and aggravated battery with a knife. We conclude that appellant's possession of the knife was insufficient to satisfy the requirement that he was using a deadly weapon while committing a battery. We further find that the prosecutor's comment to appellant, on cross-examination of appellant, that they had never spoken before, was, on these specific facts, a comment on his silence which requires a new trial...

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