State v. Shing

JACOBSON, Chief Judge Division 1, Court of Appeals

(specially concurring) :

I concur that the defendant’s conviction and sentence in this case must be affirmed. Since I concur in the result of this Court, this concurring opinion shall only deal with the area upon which I disagree with the majority in.reaching that result.

The majority has concluded that the prosecutor’s comment in closing argument to the jury upon the defendant’s silence after arrest was “fundamental error which was not waived by the failure of the defendant to object . . . .” It is with this statement that I disagree.

In order…