Cook v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

We granted appellant’s petition for discretionary review to consider whether the prosecutor commented on the appellant’s failure to testify during his argument at the guilt-innocence phase of the trial. The record shows that the prosecutor made the following argument:

“MR. McSPADDEN: During voir dire I told you at that time that I would find out what the defense is the same time you find out, and A., I told you first of all there are several defenses we usually heard. A., would be mistaken identity. They couldn’t do that…