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512 So. 2d 310

512 So.2d 310

12 Fla.L.Weekly 2225

Garcia v. State

District Court of Appeal of Florida

Decided September 11, 1987

District Court of Appeal of Florida · decided 1987-09-11

Relies on 511 So. 2d 1111 - Peterson v. State

Decided 1987-09-11

SCHEB, Acting Chief Judge.

¶1Defendant Maximo Garcia appeals his conviction and sentence for trafficking in cocaine and conspiracy to traffic in cocaine.

¶2*311Garcia, along with Pablo Abreu, was arrested on September 30, 1985, during an alleged drug transaction arranged by a police informant. The facts of the case are not in dispute and are set out in detail in Abreu v. State, 511 So.2d 1111 (Fla. 2d DCA 1987).

¶3As in Abreu, we find that the prosecutor improperly commented on the defendant’s right not to testify. For the reasons outlined in Abreuand based on the authorities cited therein, we find that the trial court’s denial of the defendant’s motion to dismiss was harmful error. Furthermore, as in Abreu, we find it unnecessary to reach the defendant’s remaining arguments.

¶4Accordingly, we vacate the defendant’s conviction and remand for a new trial.

FRANK and HALL, JJ., concur.
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