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. We reversed on the authority of Clark v. State, 363 So.2d 331 (Fla.1978); Bennett v. State, 316 So.2d 41 (Fla.1975); and Trafficante v. State, 92 So.2d 811 (Fla.1957). On certiora-ri review, the supreme court held:

We have since receded…