State v. Robertson

By bench trial, Appellant was found guilty of sodomy. Given the nature of the case, we will cite only those facts needed to explain why we deny Appellant’s two points and affirm his conviction.

Point I

Appellant, who did not testify at his trial, alleges plain error because the trial court did not inform him of his constitutional right to testify. Appellant cites no authority for this alleged obligation and a Missouri case is to the contrary.

Prudential considerations notwithstanding, a trial judge “has no duty to inquire from a criminal defendant who remains silent throughout the proceedings…