Milton v. State

OPINION

ON APPELLANT’S MOTION FOR REHEARING

ROBERTS, Judge.

We granted the appellant’s motion for leave to file motion for rehearing to consider a ground of error which was not discussed in the opinion delivered on original submission. By his second ground of error the appellant complains that the State improperly commented on his failure to testify. During final argument to the jury at the guilt or innocence stage of the trial the prosecutor stated:

“This is a nightmare. People, a person who lived through that nightmare is still here to tell you about it. Easiest thing in the world for you to do…