People v. Ortega

A jury found the defendant guilty of first-degree trespass, section 18-4-502, C.R.S. 1973, and felony theft, section 18-4-401, C.R.S 1973. On appeal the court of appeals held that certain remarks of the prosecutor in closing argument to the jury amounted to impermissible comment upon the fact that shortly after his arrest the defendant had failed to make a detailed exculpatory statement. People v. Ortega, 40 Colo. App. 449, 580 P.2d 813 (1978). Holding that these impermissible comments on the defendant’s constitutional right to remain silent violated his privilege against self incrimination,…