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HENDERSON v. STATE

No. 4D09-4262.

69 So.3d 1022 (2011)

Clarence HENDERSON, Appellant, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fourth District.

September 14, 2011.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and James W. McIntire , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Heidi L. Bettendorf , Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

During the closing argument in appellant's trial for battery, the prosecutor made a comment to the effect that no one took the stand to contradict the state's case. This was an improper comment, implicating the appellant's Fifth Amendment rights. See Watts v. State, 921 So.2d 722, 724 (Fla. 4th DCA 2006) (where only the officer and the defendant were present during the incident and only the officer testified at...

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