Redwitz v. State

MILLS, STANLEY R., Associate Judge,

dissenting.

For the following reasons, I respectfully dissent.

During closing argument, the prosecutor indicated to the jury that the State did not have the burden to disprove voluntary intoxication. There was no objection to this argument; however, when counsel for the appellant responded that the burden of proof stays with the State and that the burden of proof does not shift to the appellant, the prosecutor objected to this proposition, asserting that it was an improper statement of the law. The prosecutor’s objection was sustained by the trial court.…