State v. Lowry

We have for review Lowry v. State, 468 So.2d 298 (Fla. 4th DCA 1985), which directly and expressly conflicts with decisions of other district courts of appeal and this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla.Const.

The district court held that a comment made by the prosecutor during closing argument was fairly susceptible of construction as a comment upon Lowry’s right to remain silent. The court then cited the eases 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), for the proposition that…