Payne v. State

ANSTEAD, Judge.

The appellant, Randall Payne, seeks to reverse his convictions for conspiracy to commit robbery and armed robbery on the grounds that the state was allowed to comment on a defense witness’ prior assertion of his right to remain silent. We find no error and affirm.

Payne and Claude Ross parked Ross’ van, with the engine left running, near a drugstore. They entered the drugstore and while Payne lingered at a merchandise counter, Ross presented the druggist with a note which stated that a person to Ross’ left had a gun and that the druggist should give Ross a bottle of certain…