Phillips v. State

James R. Cooper, Judge.

The appellant was charged with third degree battery, tried by a jury, convicted and sentenced to 90 days in jail and a $100.00 fine. In his sole point for reversal, the appellant argues that in his closing statement, the deputy prosecuting attorney commented on the defendant’s failure to testify, and the trial court erred in refusing to grant the appellant’s motion for a mistrial based on the comment.

On December 23,1982, the appellant attended a dance at the Folk Center in Mountain View. Richard Sanchez, who was a musician at the dance, went outside while on break at…