State v. Miller

Becker, A.C.J.

— Archie Miller appeals his conviction of two counts of murder in the first degree. The prosecutor, in rebuttal argument, commented that Miller had the opportunity to tailor his testimony after hearing all the other *284witnesses. Miller contends this was an improper comment on his constitutional right to be present at trial. A recent decision of the United States Supreme Court holds that such an argument does not violate a constitutional right. That decision effectively overrules our Washington precedent that holds to the contrary. The conviction is affirmed.

In the State’s rebuttal…