State v. Baca

OPINION

McMANUS, Justice.

This case comes to us on petition by the state for a writ of certiorari, after the Court of Appeals reversed defendant’s conviction and remanded for a new trial. In its petition the state argues that the Court of Appeals erred in reversing the trial court’s decision not to grant a mistrial when a witness, in response to a question by the state, commented on the defendant’s silence. Under the circumstances of this case we agree, and reverse the Court of Appeals. (It should be noted that the decision of the Court of Appeals came to us in the form of a memorandum opinion…