Davis v. State

GRIFFIS, J.,

for the Court.

¶ 1. Johnny Ray Davis was convicted of the crime of fondling a child in violation of Mississippi Code Annotated section 97-5-23(1) (Rev.2006). He was sentenced to fifteen years in the custody of the Mississippi Department of Corrections, with ten years to serve and five years suspended. He was further ordered to pay a fine of $2,000 and court costs of $250.50. On appeal, Davis argues that the prosecutor, during his closing argument, improperly: (1) commented on the fact that Davis did not testify at trial and (2) denied Davis the right to a fair trial by entering…