West v. State

McMILLAN, Judge.

The appellant was convicted of manslaughter, in violation of § 13A-6-3, Code of Alabama 1975, and was sentenced to 20 years’ imprisonment. He was fined $5,000 and was ordered to pay $10,000 restitution and $1,000 to the Victims’ Compensation Fund.

The appellant contends that the trial court committed reversible error in denying his motion for a mistrial after the prosecutor elicited an improper comment from its witness, Officer John Burris, concerning the appellant’s post-arrest silence. The portion of the record pertinent to this argument is as follows:

“[Prosecutor]: Did you…