State v. Chunn

KAROHL, Judge.

Defendant Theodis Chunn appeals from a jury conviction of stealing over $150. Defendant raises two points on appeal: (1) that a mistrial should have been granted when the prosecutor commented on defendant’s failure to testify; (2) that in final argument the prosecutor argued facts outside the scope of the evidence. As we believe the defendant was prejudiced by the prosecutor’s actions, we reverse and remand for a new trial.

Defendant does not dispute the sufficiency of the evidence. A burglar alarm went off in the front office of the Airport Hilton Inn indicating that the…