Espute v. State

En Banc

WARNER, J.

In this appeal from his conviction of aggravated battery and battery, appellant/defendant claims that the prosecutor made an improper comment on defendant’s right to remain silent. When the defendant objected at trial, the court sustained the defense objection and gave a curative instruction to the jury, but the court denied a motion for mistrial. Although this court has in the past occasionally applied a harmless error standard of review to simi*534lar claims, we recognize that the abuse of discretion standard of review for the denial of a motion for mistrial remains the proper…