Brantley v. State

Pope, Judge.

Defendant Michael DeWayne Brantley was convicted of aggravated sodomy and was sentenced to serve 20 years in prison. In this appeal defendant enumerates four errors.

1. Defendant’s first two enumerations of error concern alleged prejudicial comments made by the prosecuting attorney during the State’s opening statement. The record discloses that during the opening statement, the prosecutor stated that he intended to put the victim, a three-year-old boy, on the stand. Acknowledging that the trial judge would first have to qualify the three-year-old as a witness, the prosecutor told…