District Court of Appeal of Florida August 12, 1987, No. 84-526 (Lowry v. State)

DELL, Judge.

In Lowry v. State, 468 So.2d 298 (Fla. 4th DCA 1985), we reversed appellant’s conviction of a lewd and lascivious act upon a six-year-old child and remanded this case for a new trial. We concluded that comments made by the prosecutor during closing argument were fairly susceptible of construction as a comment upon appellant’s right to remain silent.