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957 So. 2d 723

Docket No. 3D05-1044.

Pearsall v. State

Simon Randy PEARSALL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2007-06-13

Relies on 718 So. 2d 761 - State v. Hoggins

Decided 2007-06-13

¶1Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

¶2Bill McCollum, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

¶3Before COPE, C.J., and RAMIREZ, and SUAREZ, JJ.

¶4PER CURIAM.

¶5Affirmed. Assuming, without deciding, that the prosecutor's cross-examination question was fairly susceptible of being interpreted as a comment on the appellant's silence at the time of arrest, see State v. Hoggins,718 So.2d 761, 768 (Fla. 1998), we conclude that the error was harmless beyond a reasonable doubt. As to his argument that the trial court erred in its sentence of him, we agree that the issue has not been properly preserved.

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