State v. Primus

ANDERSON, Judge:

James Anthony Primus was convicted of kidnapping and assault and battery of a high and aggravated nature (ABHAN).- He was sentenced to thirty years for kidnapping and ten consecutive years for ABHAN. On appeal, Primus argues the trial court erred in permitting the Assistant Solicitor to comment on Primus’ failure to produce evidence in his defense. We reverse.

FACTSIPROCEDURAL BACKGROUND

Primus was charged with first degree criminal sexual conduct, second degree burglary and kidnapping for events which occurred on July 13, 1997. The State presented evidence that Primus, armed…