Bivins v. State

George Rose Smith, Justice.

The appellant Bivins was convicted of burglary and attempted rape and was sentenced to consecutive terms of 20 and 30 years. The length of the sentence brings the case to this court under Rule 29(l)(b). The only argument for reversal is that the court erroneously allowed the prosecutor to refer in his closing argument to the defendant’s post-arrest silence. The argument is without merit.

On March 4, 1984, the prosecutrix was living with her children in a mobile home next to another one occupied by Michael Nix and his wife. Bivins is Michael’s cousin and was spending…