Welch v. State

I concur in the majority’s opinion concerning the error in sentencing. However, I would reverse the defendant’s conviction and remand for a new trial based on the impermissible comment by a police officer on the defendant’s exercise of his right to silence.

In response to questioning by the state, the police officer testified about his actions after the victims identified the defendant as the assailant:

I approached him and advised him that I was there investigating an incident that occurred. He then advised me that he didn’t know anything about an incident. He spontaneously advised me that he…