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PEARSALL v. STATE

No. 3D05-1044.

965 So.2d 203 (2007)

Simon Randy PEARSALL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 5, 2007.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before COPE, RAMIREZ, and SUAREZ, JJ.

ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant Simon Randy Pearsall's motion for rehearing, and withdraw the opinion issued on June 13, 2007, and issue the following opinion in its place.

Assuming, without deciding, that the prosecutor's cross-examination question was fairly susceptible of being interpreted as a comment on the appellant's silence at the time of arrest, see State v. Hoggins, 718 So.2d 761

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