Mack v. State

The appellant, Allen Mack, was tried by jury and convicted of one count of kidnapping and one count of felony battery as a repeat offender. The appellant raises several issues on appeal, one of which warrants reversal. The appellant argues that the trial court erred in denying his motion for mistrial after a State witness made a constitutionally impermissible comment upon his right to remain silent. We agree and reverse.

On direct examination, the lead investigator in the appellant’s case testified to the following. Part of his investigation in the case involved tracking down the appellant,…