State v. McNeal

GUNN, Judge.

Defendant appeals his conviction of robbery in the first degree by means of a dangerous and deadly weapon. Defendant does not challenge the sufficiency of the evidence and raises only a single point on appeal concerning the prosecutor’s comment on the defendant’s failure to testify. The single point is enough, and we reverse and remand.

At defendant’s request the trial court gave the following instruction to the jury:

“You are further instructed that you are to draw no inference whatsoever from defendant’s failure to testify as a witness in this case.”

During his closing argument,…