Cribbs v. State

Gerald Duane Cribbs, Appellant, seeks review of his conviction and sentence for *299felony battery, arguing that the trial court erred by allowing several improper prose-cutorial comments, variously over objection and without objection. We agree with Appellant that certain prosecutorial comments, made over objection, shifted the burden of proof to the defense. Because of this preserved, harmful error, we reverse. The other issues raised by Appellant are therefore moot.

The only contested issue in this case was Appellant’s identity as the perpetrator. The State presented evidence that, on an…