Mims v. State

Birdsong, Judge.

Lonzo L. Mims was convicted of the burglary of a J. C. Penney store and sentenced to serve five years. He enumerates four alleged errors. Held:

1. In his first two enumerations, Mims argues that the trial court erred in refusing to allow him to make an opening statement and making comments pertaining thereto. These enumerations do not accurately portray the occurrence. After the state had concluded its opening statement, the trial court requested the defendant to make his statement. Mims’ counsel declined to do so, requesting the right to make the statement at the conclusion of…