People v. Godbold

I concur with parts n and m of the majority’s opinion that the prosecutor did not impermissibly shift the burden of proof during closing argument by stating that the failure of a defense witness to appear at trial was “convenient,” and that there was sufficient evidence presented at trial to sustain the trial court’s verdict. I must dissent, however, from the majority’s decision to sanction the trial court’s stated policy of giving defendants lower sentences for having a bench trial. I believe that such a policy should not be institutionalized because it punishes defendants who exercise their…