Franklin v. State

OPINION

By the Court,

Manoukian, J.:

A jury convicted the appellant, Alan Darrell Franklin, of burglary, robbery with use of a deadly weapon and two counts of attempted sexual assault with use of a deadly weapon. Franklin seeks reversal on several grounds. We address two of appellant’s assignments of error: (1) the trial court’s rejection of appellant’s requested instruction regarding a defendant’s failure to testify, and (2) the admission of evidence indicating appellant’s refusal to answer a question by a police officer. We determine that although the trial court erred in both instances, the…