State v. Morris

JOHNSON, Judge.

Defendant contends the trial court erred in (1) failing to conduct a jury instruction conference as required by Rule 21, (2) instructing the jury on defendant’s failure to testify and (3) imposing an improper sentence.

The trial judge failed to conduct a jury instruction conference and the defendant failed to request one. Then the trial judge, without a request from defendant, gave the following disputed charge:

Now ladies and gentlemen, . . . the Court will instruct you further, the defendant, Raymond Morris, has not gone on the witness stand and testified during this trial.…