Prince v. State

OPINION

CORNISH, Presiding Judge:

The appellant was convicted in the District Court of Pontotoc County, Oklahoma, for the offense of Possession of Stolen Vehicle. A one (1) year prison term and a Three Thousand Dollar ($3,000.00) fine were assessed in Case No. CRF-77-124.

The sole allegation on appeal is that error was committed during the course of the trial when a prosecution witness, on two separate occasions, commented on the appellant’s Fifth Amendment right to remain silent. The State concedes that it is error for the prosecutor or a witness to comment on a defendant’s refusal to testify,…