State v. Crumley

OPINION

RICHMOND, Judge.

Appellant attacks his conviction of attempted theft with prior convictions on several grounds, including a comment by the prosecutor in closing argument on his failure to testify. Although the comment followed an improper argument by defense counsel, we reverse because the prosecutor’s response went too far.

*330During his summation defense counsel told the jury:

Ladies and gentlemen, the other unsaid and unspoken thing that you may be thinking about is as the judge will instruct you on, is the fact that Mr. Crumley did not take the witness stand. You will be instructed that…