District Court of Appeal of Florida May 3, 2000, No. 4D98-3754 (Rich v. State)

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United States · · · 03-05-2000

STONE, J.

We affirm Rich’s conviction and sentence for battery’ on a person over age 65, strong armed robbery, and burglary with a battery.

In our view, the state’s argument, that evidence establishing the voluntariness of Rich’s confession was uncontro-verted, was not an improper comment on Rich’s failure to testify, and the trial court did not err in so concluding.

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