State v. Rogers

CROW, Judge.

A jury found Appellant guilty of the class D felony of driving while intoxicated, §§ 577.010 and 577.023, RSMo 1994. The trial court sentenced Appellant to two years’ imprisonment. This appeal followed.

Appellant’s sole point relied on avers the trial court erred “when it overruled [Appellant’s] objections to the State’s announcement during opening statements that he had invoked his 5th Amendment right to remain silent during post-arrest interrogation and subsequently commented on his failure to make an exculpatory statement to the police during closing argument.” Appellant…