Kirkendall v. State

OPINION

BUSSEY, Judge:

The appellant, Tommy E. Kirkendall, was convicted in the District Court of Pottawatomie County, Case No. CRF-83-263 of Second Degree Burglary, After Former Conviction of Two or More Felonies for which he received a sentence of thirty-seven and one-half years, and he appeals.

Since all five assignments of error raised by the appellant involve second stage proceedings, we deem a statement of the facts of this case unnecessary.

I

As his first assignment of error, the appellant alleges that improper prosecutorial comments during the closing argument of the punishment phase…