Brooks v. State

Timothy Wayne Brooks was indicted for first degree robbery in violation of § 13A-8-41, Code of Alabama 1975. He was found "guilty as charged in the indictment" and was sentenced to 21 years in prison. He raises three issues on appeal.

I

The appellant contends that his conviction is due to be reversed because, he argues, the prosecutor improperly commented during closing argument on his failure to testify. The record reveals that the following occurred during the prosecutor's closing argument:

"Mr. Mahon: He does not have anything to offer you. He has none.

"Mr. Blalock: Your Honor, I'm going to…