State v. White

DON E. BURRELL, Presiding Judge.

Larry White (“Defendant”) appeals his conviction of the class C felony of second-degree burglary,1 claiming the trial court erred in: 1) admitting evidence of a prior burglary Defendant had committed on the same premises because it was more prejudicial than probative; and 2) by failing to sua sponte declare a mistrial after the prosecutor commented on his failure to testify. Because the evidence of the prior burglary was highly probative of the critical issue of Defendant’s intent and because the prosecutor’s indirect reference was not designed to draw…